LATURE 

ON 


SENATE  BIELS 


PROPOSED  LEGISLATION 


Fish  and  Game  Laws 


WITH  BRIEF  SYNOPSIS  OF  EACH  BILL 


COMPILED  B> 

GEO.  J.  HANS,  Chairman 

Senate  Committee  on  Fish  and  Game 


ISS1  F.I)  BY 

W.  N.  1WRRIS1I 

Secretary  of  the  Senal< 


Friend   Wm.   Richardson,   Superintendent  of   State  Printing 

sacramento,  california 

1913 


GIFT   OF 


CALIFORNIA  LEGISLATURE 

FORTIETH  SESSION 

1913 


SENATE  BILLS 


PROPOSED  LEGISLATION 


ON 


Fish  and  Game  Laws 


WITH  BRIEF  SYNOPSIS  OF  EACH  BILL 


COMPILED  BY  ISSUED  BY 

GEO.  J.  HANS,  Chairman  W.  N.  PARRISH 

Senate  Committee  on  Fish  and  Game  Secretary  of  the  Senate 


Friend  Wm.  Richabdson,   Superintendent  of  State  Printing 

sacramento,  california 

1913 


CONTENTS. 


No.  of  Bill. 

Abalones 305,  636,   1015 

Alpine  County 1434 

Bag  limits 1430,    1436,   1441,   1634 

Bait   for   steelheads 962 

Baiting  duck  ponds 1174 

Bass,   striped 604 

Black  bass.l 1431 

Black  tiear 1433 

Bird1    investigation . 1455 

Breeder's    license 567 

Bucks,    spiked ^_1434 

Cache    Slough    960 

Cataliua  Island 1452 

Cinnamon   bear 1433 

Clams 304,    1175,    1453 

Cleveland  National  Forest 1119 

Closed  seasons,  at  any  time 1091 

Commissioners,  can  close 1021 

Commission's  powers : 1426 

Common    carriers 1450 

Condemn,    unnavigable   streams 1425 

Crawfish 1015,     1440 

Cottontail     rabbits 173 

Deer,  closed  5   years 800 

Deer 447,  1434,  1444,  1447 

Deer   hides 603 

Districts,  new 543,   712,  814,   1438 

Districts,  six 1634,  1635 

Districts,  seven 1438 

Districts,  transfer  game 1423 

Domesticated   wild   game 567 

Doves 1190,  1441,  1450 

Ducks,  non-sale  of 345,  1451 

Ducks,  seasons,  limits 1436,  1441 

Ducks,    wood 1190 

Evidence,  what  is 999 

Fish   dealers'   license 1439 

Pishing   license,    market 499 

Fishing    license 1421 

Fish    hatchery 732 

Fish  penalties 1449 

Fish    screens 1428 

Fishways  in  dams 1429 

Game    birds 1443 

Game  districts 543,  712,  814,  1438 

Game  districts ___1634,   1635 

Game   refuge 712 

Game    wardens 932 

Golden    trout 1435 

Hatchery 732 

Hunting  licenses 356,    1421 

Hunters,  market 1337 

Inyo    County 1 814 


HO 


No.  of  Bill. 

Island  for  raising  game 567 

Lakes,    :'or    fishing 395 

Licenses 356,  499,  567,  1337,  1421,  1439 

Lobsters . 1015,  1440 

Lompara   nets 1176 

Marin    County 543 

Market  hunters 1337 

Mono     County 814 

Mountain    sheep 1434 

Napa   River 714 

Nets 635,  1176,  1177,  1442,  1446,  1470, 

1472 

Night    shooting 1454 

Non-sale  of  ducks 345,   1451 

Ownership,   wild   animals 1362 

Otter,  sea 2S1 

Patrol    boat 733 

Pismo  clams 304,  1175,  1453 

Penalties,    deer 1447 

Penalties,   fish 1449 

Pacific   Ocean    fish 1471 

Plover   1190 

Quail 1436,  1441 

Rabbits 173 

Raising  game  to  sell 567 

Refuge   for  game 712 

Reservation,  fish 52 

Sacramento  River 604 

Salmon 1204,  1422 

Salmon  bait 962 

San  Joaquin   River 604,   1446 

Screens,  fish 1428 

Sea  otter 281 

Seasons 1430,  1436,  1444,  1450,  1634 

Seventh   District 1438 

Shipping  game  in i — 1204 

Shipping  game  out 344,   1432 

Sixth  District ___1634,   1635 

Shrimps ■_• 1015,    1440 

Smelt 1471 

Spawning   grounds 1452 

Spiked  bucks 1434 

Squirrels,    tree 799,    1437 

Steelhead  trout 961,   962,   1635 

Striped    bass 604 

Streams,  innavigable 1425 

Surf  fish 1427 

Tamalpais  game  refuge 712 

Tree  squirrels 799,  1437 

Trout,  golden 1435 

Trout   seasons 1448 

Water   diversion 1424 

Wood  ducks , 1194) 


395196 


Creates  a  reservation  for  fish,  shellfish,  shrimps  and  crabs  it,  all  sloughs,  rivers, 
streams  and  creeks  tributary  to  San 'Frunci&to  Bay';  unlawful  to  take  the 
same  from  such  waters  by  means  of  weirs,  dams,  nets,  traps  or  seines. 

SENATE  BILL  No.  52 


INTRODUCED  BY  SENATOR  CASSIDY, 
Januaky  13,  1913. 


Referked  to  Committee  ox  Fish  and  Game. 


an  act 

To  Create  a  Reservation  for  Fish,  Shell  Fish,  Shrimp,  and  Crabs, 
Within  the  Sloughs,  Rivers,  Streams  and  Creeks  Tributary 
to  the  Bay  of  San  Francisco  and  the  Bay  of  San  Pablo,  and 
to  Prohibit  the  Taking  of  the  Same  From  Such  Reservation 
by  Means  of  Weirs,  Dams,  Nets,  Traps,  or  Seines. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  reservation  for  all  kinds  of  fish,  shell  fish, 

2  shrimp  and  crabs,  is  hereby  created,  which  shall  consist  of  all 

3  sloughs,  rivers,  streams  and  creeks  tributary  to  the  bay  of 

4  San  Francisco  and  the  bay  of  San  Pablo,  including  all  such 

5  Solano,  Napa,  Contra  Costa,  Alameda,  Santa  Clara,  San  Mateo 

6  waters  as  are  contained  in  the  counties  of  Marin,  Sonoma, 

7  and  the  city  and  county  of  San  Francisco. 

8  Sec.  2.     Any  person  who  shall  use  any  weir,  dam,  net,  trap, 

9  or  seine  of  any  description  for  the  purpose  of  catching  any  fish, 

10  or  shell  fish,  or  shrimp  or  crabs,  in  any  of  said  waters  or  who 

11  shall  in  any  of  said  waters  take  any  fish,  or  shrimp  or  crabs, 

12  from  any  weirs,  dams,  nets,  traps  or  seines,  is  guilty  of  a 

13  misdemeanor. 

14  Sec.  3.     All  acts  and  parts  of  acts  in  conflict  with  this  act 

15  are  hereby  repealed. 

(3) 


'    pi 
Permits  killmy  °+  cottontail  rabbits  at  all  times. 

-   »    »   *» 

SENATE  BILL  No.  173 


INTRODUCED  BY  SENATOR  BIRDS  ALL, 
January  14,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  Section  Six  Hundred  Twenty-six  of  the  Penal  Code 
Relating  to  the  Protection  of  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty-six  of  the  Penal 

2  Code  is  hereby  amended  to  read  as  follows: 

3  626.     Every  person  who,  between  the  first  day  of  March 

4  and  the  fifteenth  day  of  October  of  any  year,  hunts,  pursues, 

5  takes,  kills  or  destroys,  or  has  in  his  possession  any  kind  of 

6  wild  duck,  ibis,  or  other  shore  bird,   (Limicohe) ,  or  who,  be- 

7  tween  the  thirtieth  day  of  April  and  the  fifteenth  day  of 

8  November  of  any  year  hunts,  pursues,  takes,  kills,  or  destroys, 

9  or  has  in  his  possession  any  Wilson  snipe,  plover,  or  curlew; 

10  or  who,  between  the  fifteenth  day  of  February  and  the  fifteenth 

11  day  of  October  of  any  year,  hunts,  pursues,  takes,  kills,  or 

12  destroys,  or  has  in  his  possession  any  desert  or  valley  quail; 

13  or  who,  between  the  first  day  of  December  and  the  first  day  of 

14  September  of  the  following  year,  hunts,  pursues,  takes,  kills, 

15  or  destroys,  or  has  in  his  possession^ any  mountain  quail,  grouse, 

16  or  sage  hen  or  who  at  any  time  prior  to  the  first  day  of 

17  November,  1912,  hunts,  takes,  kills,  or  has  in  his  possession 

18  any  rail ;  or  who  thereafter  between  the  first  day  of  December 

19  of  any  year  and  the  first  day  of  November  of  the  following 

20  year,  hunts,  takes,  kills  or  has  in  his  possession  any  rail  is 

(4) 


1  guilty   of    a   misdemeanor,    except   as   hereinafter   provided: 

2  provided,  that  in  game  districts  numbers  one  and  six  of  the 

3  State  of  California  every  person,  who,  between  the  first  day 

4  of  March  and  the  first  day  of  October  of  any  year,  hunts,  takes, 

5  kills,  or  destroys  or  has  in  his  possession  any  kind  of  wild  duck, 

6  ibis  or  other  shore  bird  (Limicolae)  or  who  in  game  district  six, 

7  between  the  fifteenth  day  of  November,  of  any  year  and  the 

8  fifteenth  day  of  October  of  the  following  year,  hunts,  takes, 

9  kills,  or  destroys  or  has  in  his  possession  any  desert  or  valley 
10  quail  is  guilty  of  a  misdemeanor. 


("») 


New   Section.     One  thousand   dollars  fine  for  hunting   or   having    possession  of 

sea  otter.    . 


SENATE  BILL  No.  281 

INTEODUCED  BY  SE1STAT0E  CAMPBELL, 
January  15,  1913. 


Eeferred  to  Committee  on  Fish  and  Game. 


AN  AGT 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Cali- 
fornia, to  Be  Numbered  Section  Six  Hundred  and  Twenty- 
six  q,  Eelating  to  Sea  Otter. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal 

2  Code  to  be  numbered  six  hundred  and  twenty-six  q  and  to  read 

3  as  follows: 

4  626g.     Every  person  who  at  any  time  hunts,  pursues,  takes, 

5  kills,  destroys,  or  has  in  his  possession  any  sea  otter  is  punish- 

6  able  by  fine  not  exceeding  one  thousand  dollars  or  imprison- 

7  ment  in  the  county  jail  not  exceeding  one  year  or  both. 


(6) 


Pismo  clams.     Changes  size  from  13  inches  to  12  inches.     Reduces  limit  of  clams 
to  be  taken  in  one  day  from  200  to  25. 


SENATE  BILL  No.  304 

Januaky  15,  1913. 


Keferred  to  Committee  on  Fish  and  Game. 


an  act 

To  Amend  Section  Six  Hundred  Twenty-eight  /,  of  the  Penal  Code 
of  the  State  of  California,  Eelating  to  Clams  and  Pre- 
scribing a  Penalty  for  TaKiNG  or  Gathering  Clams  Under 
a  Certain  Size,  or  Having  More  Than  a  Certain  Number 
in  Possession  During  Any  One  Calendar  Day. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  628/  of  the  Penal  Code  of  the  State  of 

2  California  is  hereby  amended  to  read  as  follows: 

3  628/.     Every  person  who  takes,  gathers,  catches,  or  has  in 

4  his  possession,  any  clam  known  as  the  "Pismo"  clam  (Tivela 

5  stultorum),  which  shall  measure  less  than  twelve  inches  around 

6  the  outer  edge  of  the  shell,  or  who,  during  any  one  calendar 

7  day,  takes,  catches,  gathers,  or  has  in  his  possession,  more  than 

8  twenty-five  of  said  Pismo  clams,  shall  be  guilty  of  a  misde- 

9  meanor. 


(7) 


Prohibits  shipping  of  abalones  out  of  this  State. 

SENATE  BILL  No.  305 

INTRODUCED  BY  SENATOR  CAMPBELL, 
January  15,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Califor- 
nia, to  be  Known  and  Numbered  as  Section  Six  Hundred 
Twenty-eight  g  Relating  to  Shipping  or  Transporting 
Abalones  Out  of  the  State,  and  Prescribing  a  Penalty  for 
Depositing  for  Shipment  or  Transportation,  or  Shipping  or 
Transporting  Any  Abalone  Beyond  the  Confines  of  the 
State. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal  Code 

2  of  the  State  of  California,  to  be  known  and  numbered  as  section 

3  628#,  which  shall  read  as  follows: 

4  628g.     Every  person,  firm,  corporation  or  association  who 

5  delivers,  places  or  deposits  any  abalone  with  any  railroad  com- 

6  pany,  steamship  company,  express  company,  or  other  common 

7  carrier,  for  shipment  or  transportation  out  of  this  state,  and 

8  every  railroad  company,  steamship  company,  express  company, 

9  or  other  common  carrier,  who  receives  and  accepts  for  ship- 

10  ment  or  transportation,  or  who  ships,  carries  or  transports  any 

11  abalone  beyond  the  confines  of  this  state,  shall  be  guilty  of  a 

12  misdemeanor. 


(8) 


Prohibits   shipping   out   of  this   State   any   protected    wild    game   bird    or   animal, 
either  dead  or  alive,  without  written  permit. 


SENATE  BILL  No.  344 


INTRODUCED  BY  SENATOR  FLINT, 


January  16,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  and  Twenty-seven  a  of  the  Penal 
Code  of  the  State  of  California,  Relating  to  the  Protec- 
tion and  Preservation  of  Wild  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-seven  a  of  the 

2  Penal  Code  is  hereby  amended  to  read  as  follows: 

3  627a.     Every   railroad   company,   express   company,   trans- 

4  portation  company,  or  other  common  carrier,  its  officers,  agents, 

5  and  servants,  and  every  other  person  who  transports,  carries, 

6  or  takes  out  of  this  state,  or  who  receives  for  the  purpose  of 

7  transporting  from  this  state  any  wild  game  bird  or  animal 

8  protected  by  law,  mentioned  in  sections  six  hundred  and  twenty- 

9  six  to  six  hundred  and  twenty-six  j  inclusive  of  this  code,  or 

10  the  dead  body  of  any  such  wild  game  bird  or  animal,  or  any 

11  part  thereof,  except  for  the  purpose  of  propagation  or  scientific 

12  purposes  under  a  permit  in  writing  first  obtained  from  the 

13  board  of  fish  and  game  commissioners  of  the  State  of  Cali- 

14  fornia,  is  guilty  of  a  misdemeanor. 


(9) 


IDENTICAL  WITH  ASSEMBLY   BILL  NO.   1289. 

This  is  the  non-sale  of  ducks  bill.  Prohibits  the  sale  of  all  wild  ducks,  snipe, 
curlew,  plover,  quail,  grouse,  cottontail  rabbits,  rail,  doves,  etc.;  permits  the 
sale  of  jack  rabbits. 


SENATE  BILL  No.  345 


INTRODUCED  BY  SENATOR  FLINT, 
January  16,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  Section  Six  Hundred  and  Twenty-six  k  of  the  Penal 
Code  of  the  State  of  California,  Relating  to  the  Sale  of 
Wild  Game  or  the  Dead  Bodies  Thereof. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.    Section  six  hundred  and  twenty-six  &  of  the  Penal 

2  Code  is  hereby  amended  to  read  as  follows : 

3  626k.     Every  person  who  buys,  sells,  offers,  or  exposes  for 

4  sale,  barter,  or  trade  any  wild  game,  bird,  or  animal,  except 

5  jack  rabbits,  protected  by  law,  mentioned  in  section  six  hundred 

6  and  twenty-six  to  six  hundred  and  twenty-six  j  inclusive  of  this 

7  code,  or  the  dead  body  of  any  such  game,  bird  or  animal,  or  any 

8  part  thereof,  whether  taken  or  killed  in  the  State  of  California 

9  or  shipped  into  the  state  from  another  state,   territory,   or 
10  foreign  country,  is  guilty  of  a  misdemeanor. 


(10) 


Takes  issuance  of  hunting  license  away  from  county  clerk  and  places  it  in 
hands  of  county  license  collector.  Also  gives  county  license  collector  the 
10  per  cent  fee  formerly  given  to  county  clerk. 

SENATE  BILL  No.  356 


INTRODUCED  BY  SENATOR  THOMPSON, 
Januaky  16,  1913. 


Refeeeed  to  Committee  on  Fish  and  Game. 


an  act 

To  Amend  Sections  Two,  Foue  and  Six  of  an  Act  Entitled  "An  Act 
to  Regulate  and  License  the  Hunting  of  Wild  Bieds  and 
Animals,  and  to  Peovide  Revenue  Theeefeom,  fob  Game 
and  Fish  Peeseevation  and  Restoeation,"  Appeoved  Maech 
22, 1909,  Relating  to  the  Issuance  of  Licenses  to  Hunt  Wild 
Bieds  and  Animals,  and  Peoviding  foe  the  Disposition  of 
the  Moneys  Collected  Theeefeom. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  two  of  an  act  entitled  "An  act  to  regu- 

2  late  and  license  the  hunting  of  wild  birds  and  animals,  and 

3  to  provide  revenue  therefrom,  for  game  and  fish  preservation 

4  and    restoration,"    approved    March    22,     1909,    is    hereby 

5  amended  to  read  as  follows: 

6  Section  2.     Licenses  granting  the  privilege  to  hunt,  pursue 

7  or  kill  wild  birds  or  animals,  shall  be  issued  and  delivered 

8  upon    application,    by    the    county   license    collector    of    any 

9  of  the  counties  of  this  state,  or  by  the  state  board  of  fish 

10  commissioners,   who   shall  prepare   suitable   licenses   of   con- 

11  venient  form,  and  size,  and  have  printed  or  stamped  thereon 

12  the  words:   "Hunting  license  No ,   State  of  California, 

13  expires  June  30,  191__,"  with  the  registration  number,  and 

14  appropriate   year   printed   or   stamped  thereon,   which   said 

15  license  shall  be  prepared  and  furnished  to  the  county  license 

16  collector,     and    for    their    own    disposition,    by    the    state 

(11) 


1  board  of  fish  commissioners,  which  board  shall  take  receipt 

2  therefor  by  number  and  quantity,   from  the  several  county 

3  license   collectors,   and  the   county  license   collector  shall  be 

4  responsible  therefor  and  shall  account  for  the  same  to  the 

5  controller  of  state  every  three  months,  beginning  with  July 

6  first  of  each  year. 

7  Sec.  2.     Section  four  of  an  act  entitled  "An  act  to  regulate 

8  and  license  the  hunting  of  wild  birds  and  animals,  and  to 

9  provide  revenue  therefrom,  for  game  and  fish  preservation  and 

10  restoration,"  approved  March  22,   1909,  is  hereby  amended 

11  to  read  as  follows: 

12  Section   4.     Every   person   applying   for   and   procuring   a 

13  license    as    herein    provided    shall    furnish    to    the    county 

14  license  collector  or  state  board  of  fish  commissioners,  his  name 

15  and    residence   address,   which   information   shall  be   by   the 

16  license  collector  or  board  entered  in  a  book  kept  for  that 

1 7  purpose  and  provided  by  the  state  board  of  fish  commissioners, 

18  together  with  a  statement  of  the  date  of  issuance  and  the 

19  number  of  the  license  issued  to  such  person.     Such  applicant 

20  shall  also  furnish  to  the  county  license  collector  or  fish  com- 

21  missioners,   a  written  description  of  himself,  by  age,  height, 

22  nationality  and  color  of  the  eyes  and  hair. 

Sec.  3.     Section  six  of  an  act  entitled  "An  act  to  regulate 

24  and  license  the  hunting  of  wild  birds  and  animals,   and  to 

-•'  provide   revenue   therefrom,   for  game   and  fish  preservation 

26*  and  restoration,"  approved  March  22,  1909,  is  hereby  amended 

-<  to  read  as  follows: 

Section  6.     All  moneys  collected  from  licenses  as  provided 

39  herein,   and  all  fines  collected  for  the  violation  of  the  pro- 

30  visions   hereof,   shall  be  paid   into   the    state    treasury    and 

31  credited  to  the  game  preservation  fund;    provided,  however, 

32  that  each  license  collector  shall  retain  ten  per  cent,   of  all 
moneys  by  him  received  for  the  issuance  of  licenses  as  herein 

34  provided  and  shall  pay  the  same  monthly  to  the  county  treas- 

35  urer  for  the  use  and  benefit  of  the  county. 

3fi  Sec.  4.     This  act  shall  become  effective  on  the  first  Monday 

37  of  January,  A.  D.  1915. 


(12) 


Adds  lakes  to  the   law  authorizing   boards  of  supervisors  to   declare   innavigable 
streams  public  highways  for  the  purpose  of  fishing. 

SENATE  BILL  No.  395 


INTRODUCED  BY  SENATOB  BIKDSALL, 
January  17,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  act 

To  Amend  Section  Four  Thousand  and  Eighty-five  and  One  Half 
of  the  Political  Code  of  the  State  of  California,  Author- 
izing the  Board  of  Supervisors  of  the  Several  Counties 
of  This  State  to  Declare  Innavigable  Streams  Highways 
for  the  Purpose  of  Fishing,  and  Providing  for  the  Use  of 
the  Same. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  four  thousand  and  eighty-five  and  one 

2  half  of  the  Political  Code  of  the  State  of  California  is  hereby 

3  amended  to  read  as  follows: 

4  4085J.     On  the  application  of  any  individual,  association  or 

5  corporation  interested,  the  board  of  supervisors  of  any  county 

6  of  this  state  may,  by  ordinance,  declare  all  or  any  portion  of 

7  any  slough,  lake,  river,  or  stream  which  does  not  lie  within 

8  or  run  through  cultivated  land  lying  within  the  county  which 

9  is  stocked  or  supplied,  in  whole  or  in  part,  with  fish,  by  the 

10  state  or  counties  and  which  has  not  been  declared  by  law  to 

11  be  navigable,  and  which  in  fact  is  not  navigable  for  commercial 

12  purposes,  to  be  a  public  highway  for  the  purpose  of  fishing 

13  in  said  slough,  lake,  river  or  stream,  and  the  same  shall  there- 

14  upon  become  and  be  a  public  highway  for  such  purpose,  sub- 

(13) 


1  ject  only  to  the  reservations  hereinafter  contained.     In  case 

2  any  owner  of  land  adjacent  to  or  across  which  such  slough, 

3  lake,  river  or  stream  flows  does  not  consent  to  the  use  of  the 

4  slough,  lake,  river  or  stream  for  such  purpose  with  the  right 

5  to  pass  along  the  banks  for  the  purpose  of  fishing  and  grant 

6  the  same  to  the  county  by  suitable  instrument  in  writing,  on 

7  application,  the  board  of  supervisors  may  contract  for  and 

8  purchase  any  or  all  such  rights;  or  if  the  same  can  not  be 

9  purchased  at  a  satisfactory  price,  may  authorize  proceedings 

10  to  be  commenced  to  procure  the  same  in  the  manner  directed 

11  by  title  seven,  part  three,  of  the  Code  of  Civil  Procedure. 


(14) 


Makes  a  close  season  on  deer  for  three  years  from  July  1,  1913. 

SENATE  BILL  No.  447 

INTEODUCED  BY  SENATOE  SAJSTFOED, 
January  20,  1913. 


Beferred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  Section  Six  Hundred  Twenty-six/  of  the  Penal  Code 
of  the  State  of  California  Eelating  to  the  Protection  of 
Male  Deer. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-six/  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows: 

4  626/.     Every  person   who  between  the  first  day  of  July, 

5  1913,  and  the  first  day  of  July,  1916,  hunts,  pursues,  takes 

6  or  destroys,  or  has  in  his  possession,  whether  taken  or  killed 

7  in  the  State  of  California,  or  shipped  into  the  state  from  any 

8  other  state  or  territory,  or  foreign  country,  any  male  deer, 

9  or  any  deer  meat,  is  guilty  of  a  misdemeanor,  and  upon  con- 

10  viction  shall  be  fined  not  less  than  twenty-five  dollars  nor 

11  more  than  one  hundred  dollars. 


(15) 


License  for  vocation  of  fishing;  persons  not  eligible  to  become  citizens  of  United 
States;  fee  raised  from  $10  to  be  $100. 

SENATE  BILL  No.  499 


INTRODUCED  BY  SENATOR  RUSH, 
Januaky  21,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Three  of  an  Act  Entitled,  "An  Act  to  Regulate 
the  Vocation  of  Fishing,  and  to  Provide  Therefrom  Revenue 
for  the  Propagation,  Restoration  and  Preservation  of  Fish 
in  the  Waters  of  the  State  of  California,"  Approved  March 
13,  1909. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  three  of  an  act  entitled  "An  act  to 

2  regulate  the  vocation  of  fishing   and  to   provide  therefrom 

3  revenue  for  the  propagation,  restoration  and  preservation  of 

4  fish  in  the  waters  of  the  State  of  California,"  approved  March 

5  13,  1909,  specifying  to  whom  licenses  shall  be  issued,  is  hereby 

6  amended  to  read  as  follows : 

7  Section  3.     Licenses  shall  be  issued  and  delivered  upon  appli- 

8  cation  to  the  state  board  of  fish  and  game  commissioners  or 

9  their   deputies.     The   licenses   herein   provided   for  shall  be 

10  issued  as  follows:  To  any  citizen  of  the  United  States  upon 

11  the  payment  of  two  and  one  half  dollars ;  to  any  person  not  a 

12  citizen  of  the  United  States  but  eligible  to  become  such  upon 

13  the  payment  of  ten  dollars ;  to  any  person  not  eligible  to  become 

14  a  citizen  of  the  United  States  upon  the  payment  of  one  hundred 

15  dollars.    Not  more  than  one  license  shall  be  issued  to  any  one 

(16) 


1  person  for  the  same  year,  except  upon  an  affidavit  by  the  appli- 

2  cant  that  the  one  issued  has  been  lost  or  destroyed,  and  no 

3  license  issued  as  herein  provided  shall  be  transferable  or  used 

4  by  any  other  person  than  the  one  to  whom  it  was  issued. 

5  Every  person  having  a  license  as  provided  herein,  who  refuses 

6  to  exhibit  such  license  upon  demand  of  any  officer  authorized 

7  to  enforce  the  fish  and  game  laws  of  this  state,  or  any  peace 

8  officer  of  this  state;  or  who  transfers  or  disposes  of  the  same 

9  to  another  person  to  be  used  as  a  fisherman's  license;  or  who 

10  fishes  with  unlawful  lines,  nets,  seines,  or  by  modes  or  methods 

11  in  violation  of  any  law  for  the  preservation  of  fish  and  game 

12  shall  forfeit  this  license. 


(17) 
2—3873    i 


Creates  a  new  fish  and  game  district  by  taking   Marin  County  out  of  the  third 
district  and  making  it  the  new,  or  seventh  district. 


SENATE  BILL  No.  543 


INTRODUCED  BY  SENATOR  OWENS, 
January  22,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  an  Act  Entitled,  "An  Act  to  Divide  the  State  of  Cali- 
fornia Into  Six  Fish  and  Game  Districts,"  Approved  March 
21,  1911,  by  Amending  Section  One  and  Three  Thereof  and 
by  Adding  a  New  Section  Thereto  to  Be  Known  and  Num- 
bered as  Section  Seven  and  One  Half. 
The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     The  people  of  the  State  of  California  is  hereby 

2  divided  into  seven  fish  and  game  districts  to  be  known  as  and 

3  designated  the  first  fish  and  game  district,  the  second  fish  and 

4  game  district,  the  third  fish  and  game  district,  the  fourth  fish 

5  and  game  district,  the  fifth  fish  and  game  district,  the  sixth 

6  fish  and  game  district,  and  the  seventh  fish  and  game  district. 

7  Sec.  2.     The  first  fish  and  game  district  shall  consist  of  and 

8  include  the  counties  of  Del  Norte,  Siskiyou,  Modoc.  Lassen, 

9  Shasta,  Trinity,  Humboldt,  Tehama. 

10  Sec.  3.     The  second  fish  and  game  district  shall  consist  of 

11  and  include  the  counties  of  Mendocino,  Glenn,  Colusa,  Lake, 

12  Sonoma,  Napa,  Yolo,  Solano. 

13  Sec.  4.     The  third  fish  and  game  district  shall  consist  of 

14  and   include   the   counties   of   Plumas,    Butte,    Sierra,   Yuba, 

(18) 


1  Sutter,    Nevada,    Placer,    El    Dorado,    Sacramento,    Amador, 

2  Alpine,  Calaveras,  Tuolumne,  Mariposa,  Mono. 

3  Sec.  5.     The  fourth  fish  and  game  district  shall  consist  of 

4  and  include  the  counties  of  San  Joaquin,  Stanislaus,  Merced, 

5  Madera,  Fresno,  Kings,  Tulare,  Kern. 

6  Sec.  6.     The  fifth  fish  and  game  district  shall  consist  of  and 

7  include  the  counties  of  Contra  Costa,  Alameda,  San  Francisco, 

8  San  Mateo,  Santa  Clara,  Santa  Cruz,  San  Benito,  Monterey, 

9  San  Luis  Obispo. 

10  Sec.  7.     The  sixth  fish  and  game  district  shall  consist  of 

11  and   include   the    counties   of   Santa   Barbara,   Ventura,   Los 

12  Angeles,   Orange,   San  Diego,   Imperial,  Riverside,   San  Ber- 

13  nardino  and  Inyo. 

14  Sec.  1\.     The  seventh  fish  and  game  district  shall  consist 

15  of  and  include  the  county  of  Marin. 

16  Sec.  8.     This  act  shall  take  effect  and  be  in  force  from  and 

17  after  its  passage. 


(19) 


New  Act.  Permits  Board  of  Fish  and  Game  Commissioners,  on  payment  of  fee 
of  $25  to  issue  breeder's  license,  permitting  persons  to  breed,  raise,  sell,  kill 
and  transport,  on  or  from  enclosed  private  preserve  or  island,  elk,  deer,  quail, 
wild  duck,  etc.  Licenses  to  be  renewed  annually.  Open  and  close  seasons 
for  shooting.     Tag  system  on  each  carcass.     Fee  for  each  tag. 

SENATE  BILL  No.  567 


INTRODUCED  BY  SENATOR  FLINT, 
January  22,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Califor- 
nia to  Be  Numbered  Six  Hundred  and  Thirty-one  d  Pro- 
viding for  the  Breeding  and  Sale  of  American  Elk,  Mule 
Deer,  Black-Tailed  Deer,  White-Tailed  Deer,  European 
Red  Deer,  Fallow  Deer,  Hawaiian  or  Common  Indian  Deer, 
Roebuck,  Pheasants,  Partridges,  Bob  White  Quail,  Califor- 
nia Valley  and  Mountain  Quail  and  all  Varieties  of  Wild 
Ducks;  Providing  for  a  License  Therefor;  for  the  Manner 
of  Killing,  Tagging,  Transportation  and  Sale  Thereof;  for 
Reports;  for  the  Fencing  of  the  Preserves  and  for  the 
Revocation  of  Licenses. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Any  person  desiring  to  engage  in  the  business 

2  of  raising  and  selling  domesticated  American  elk  (alces  mach- 

3  lis),  mule  deer  (capreolus  macrotes),  black-tailed  deer   (cap- 

4  reolus  columbianus) ,  white-tailed    deer   (capreolus  leucurus), 

5  European   red   deer    {cervus   elaphus),   fallow   deer    (cervus 

6  dama),  Hawaiian  or  common  Indian  deer  (cervulus  muntjac), 

7  roebuck    (capreolus  caprea),  pheasants    (phasianus  linnmis), 

8  partridge  (phasianidce) ,  Bob  White  quail  (ortyx  virginianus), 

9  California  valley  and  mountain  quail  (laportyx  calif  or  nicus) , 

10  wild  duck   (anatidce)    of  any  variety,  or  any  of  them,   in  a 

11  wholly  enclosed  preserve  or  entire  island  of  which  he  is  the 

(20) 


1  owner  or  lessee,  may  make  application  in  writing  to  the  state 

2  board  of  fish  and  game  commissioners  for  a  license  so  to  do. 

3  The  said  state  board  of  fish  and  game  commissioners,  when 

4  it  shall  appear  that  said  application  is  made  in  good  faith, 

5  shall  upon  the  payment  of  a  fee  of  twenty-five  dollars,  issue 

6  to  such  applicant  a  breeder's  license  permitting  such  appli- 

7  cant  to  breed  and  raise  domesticated  American  elk,  mule  deer, 

8  black-tailed  deer,  white-tailed  deer,  European  red  deer,  fallow 

9  deer,  Hawaiian  or  common  Indian  deer,  roebuck,  pheasants, 

10  partridges,   Bob   White   quail,    California   quail,   wild   ducks, 

11  or  any  of  them  as  hereto  designated,  on  such  preserve  or  entire 

12  island,  and  to  sell  the  same  alive  or  at  any  time  for  breeding 

13  and  stocking  purposes,  and  to  kill  and  transport  the  same  and 

14  sell   the   carcasses   thereof   for   food   as   herinafter   provided. 

15  Such  license  shall  expire  on  the  last  day  of  December  in  each 

16  year  at  midnight. 

17  Sec.  2.     Any  person  to  whom  such  a  license  shall  have  been 

18  issued  may  kill  such  elk,  deer,  pheasants,  partridges,  quail  or 

19  ducks  in  the  manner   and  at  the  times  herein  set  forth,  as 

20  follows:     Elk  or  deer  may  be  killed  by  shooting  or  otherwise 

21  between   the   fifteenth  day  of  August  and  the  first  day  of 

22  November,   both  inclusive.     Pheasants  or  partridges  may  be 

23  killed   otherwise   than  by  shooting  between  the  first  day  of 

24  October  and  the  thirty-first  day  of  December,  both  inclusive. 
Bob  White  and  California  quail  may  be  killed  otherwise  than 


o 


26      by  shooting  between  the  first  day  of  August  and  the  first  day 


L'. 


of  February,  both  inclusive.     Wild  ducks  may  be  killed  other- 

28  wise  than  by  shooting  between  the  fifteenth  day  of  October 

29  and  the  first  day  of  March,  both  inclusive.     Any  person  may 

30  possess  or  sell  such  elk,  deer,  pheasants,  partridges,  quail  or 

31  wild  ducks  for  food,  as  herein  set  forth.     A  breeder  of  pheas- 

32  ants  or  partridges,  under  a  license  as  herewith  provided  may, 

33  during  the  month  of  February,  kill  by  shooting  his  surplus 

34  cock   pheasants,  or   cock   partridges;   provided,  he  shall   first 

35  obtain  from  the  state  board  of  fish  and  game  commissioners  a 

36  permit  so  to  do. 

37  Sec.  3.     No  elk,  deer,  pheasants,  partridges,  quail  or  wild 

38  ducks,   killed   as   aforesaid   and   intended   for  sale,   shall  be 

(21) 


1  shipped,  transported,  sold  or  offered  for  sale,  unless  each  quar- 

2  ter  and  each  loin  of  each  carcass  of  each  elk  or  deer  and  each 

3  pheasant,   partridge,   qnail   or   duck  shall   have   been   tagged 

4  under  the  supervision  of  the  state  board  of  fish  and  game  eom- 

5  missioners  with  a  tag  or  seal  which  shall  be  supplied  by  the 

6  said  commissioners.     The  quarters  and  loins  of  the  carcass  of 

7  such  elk  or  deer  and  the  carcasses  of  such  pheasants,  par- 

8  tridges,  quail  or  ducks,  when  tagged  as  aforesaid,  may  be  pos- 

9  sessed,  sold  or  offered  for  sale  between  the  dates  hereinbefore 

10  mentioned  as  the  dates  between  which  they  may  be  killed. 

11  Every  game  protector  or  person  designated  by  whom  such  elk, 

12  deer,  pheasants,  partridges,   quail  or  ducks  shall  have  been 

13  tagged,  shall  within  five  days  thereafter,  make  and  file  with  the 

14  state  board  of  fish  and  game  commissioners  a  written  report 

15  thereof,  which  shall  contain  a  statement  of  the  name  of  the 

16  person  by  whom  such  elk,  deer,  pheasants,  partridges,  quail  or 

17  ducks  were  bred  or  raised  and  killed ;  the  number  of  such  elk, 

18  deer,  pheasants,  partridges,  quail  or  ducks,  so  killed,  and  the 

19  name  of  the  person  or  persons  to  whom  such  elk,  deer,  pheas- 

20  ants,  partridges,  quail  or  ducks  were  sold  or  to  whom  they  were 

21  transported. 

22  Sec.  4.     Common  carriers  may  receive  and  transport  during 

23  the  open  season  therefor,  carcasses,  or  parts  thereof,  of  said  elk, 

24  deer,  pheasants,  partridges,  quail  or  ducks  tagged  as  aforesaid, 

25  but  to  every  package  containing  such  carcasses  or  parts  thereof 

26  shall  be  affixed  a  tag  or  label,  upon  which  shall  be  plainly 

27  printed  or  written  the  name  of  the  person  to  whom  such  license 

28  was  issued,  and  by  whom  such  elk,  deer,  pheasants,  partridges, 

29  quail  or  ducks  were  killed,  the  name  or  names  of  the  person  or 

30  persons  to  whom  such  elk,  deer,  pheasants,  partridges,  quail  or 

31  ducks  are  to  be  transported;  the  name  of  the  game  protector 

32  or  other  person  by  whom  such  elk,  deer,  pheasants,  partridges, 

33  quail  or  ducks  were  tagged,  the  number  of  carcasses  or  por- 

34  tions  thereof  contained  therein,  and  that  the  elk,  deer,  pheas- 

35  ants,  partridges,  quail  or  ducks  were  killed  and  tagged  in 

36  accordance  with  the  provisions  of  this  section. 

37  Sec.  5.     No  person  shall  sell  or  offer  for  sale  any  venison 


(22) 


1  or  birds  killed  and  tagged  as  aforesaid,  without  first  obtaining 

2  a  license  so  to  do  from  the  state  board  of  fish  and  game  com- 

3  missioners,  upon  such  terms  and  conditions  as  the  said  com- 

4  missioners  may  prescribe  and  any  such  license  may  be  revoked 

5  for  sufficient  cause  at  the  pleasure  of  the  said  commission. 

6  The  said  tags  or  seals  shall  remain  affixed  as  aforesaid  until 

7  the  quarters  or  loins  of  such  elk  or  deer  or  the  carcasses  of 

8  such  pheasants,   partridges,   quail  or  ducks  shall  have  been . 

9  wholly  consumed,  and  the  sale  of  a  quarter  or  loin,  or  any 

10  larger  portion  of  such  elk  or  deer,  or  the  carcass  of  any  such 

11  pheasant,  partridge,  quail  or  duck  which  shall  not  at  the  time 

12  have  affixed  thereto  the  tag  or  seal  aforesaid,  shall  constitute  a 

13  violation  of  this  section;  provided,  however,  that  the  keeper 

14  of  a  hotel,  or  restaurant,  a  boarding  house,  or  a  retail  dealer 

15  in  meat  or  a  club  may  sell  portions  of  a  quarter  or  loin  of 

16  any  such  elk  or  deer,  or  the  carcass  of  any  such  pheasant,  part- 

17  ridge,  quail  or  duck  so  tagged  or  sealed  as  aforesaid  to  a  patron 

18  or  customer  for  actual  consumption,  and  no  license  shall  be 

19  required  of  such  person  or  club. 

20  Sec.  6.     On  or  before  the  first  day  of  April  of  each  year 

21  every  person,  to  whom  a  license  shall  have  been  issued  as  afore- 

22  said  shall  make  a  report  to  the  state  board  of  fish  and  game 

23  commissioners,  covering  the  period  from  the  first  day  of  August 

24  of  the  preceding  year  to  the  first  day  of  March,  both  inclusive, 

25  of  the  year  in  which  the  report  is  made,  which  said  report 

26  shall  state  the  total  number  of  elk,  deer,  pheasants,  partridges, 

27  quail  or  ducks  killed,  sold  or  transported,  as  permitted  by  the 
provisions  of  this  section,  during  said  period.  Such  reports 
shall  set  forth  the  name  of  the  person  to  whom  such  elk,  deer, 
pheasants,  partridges,  quail  or  ducks  were  sold  or  transported, 

31  the  name  of  the  game  protector  or  person  designated  in  whose 

^2  presence  such  elk,  deer,  pheasants,  partridges,  quail  or  ducks 

33  were  tagged,  and  such  reports  shall  be  verified  by  the  affidavit 

34  of  the  person  to  whom  such  license  was  issued  or  if  the  license 

35  Was  issued  to  a  corporation,  then  by  the  officer  thereof. 

36  Sec.  7.     A  preserve  used  for  the  breeding  of  elk  or  deer, 

37  pursuant  to  this  section,  shall  be  surrounded  by  a  fence  of  wire 


(23) 


28 
29 
30 


1  or  other  material  of  a  pattern  to  be  approved  by  the  state  board 

2  of  fish  and  game  commissioners  and  of  a  height  of  not  less  than 

3  seven  feet. 

4  Sec.  8.     If  any  person  to  whom  such  license  shall  have  been 

5  issued  shall  be  convicted  of  a  violation  of  the  fish  and  game  law, 

6  the  state  board  of  fish  and  game  commissioners  may  revoke 

7  the  license  of  such  person,  and  thereafter  no  similar  license 

8  shall  be  issued  to  such  person. 

9  Sec.  9.     The  state  board  of  fish  and  game  commissioners 

10  shall  be  entitled  to  receive  and  collect  for  each  tag  or  seal 

11  affixed  to  the  carcass  of  any  animal  or  bird,  as  hereinbefore 

12  provided,  the  sum  of  three  cents. 

13  Sec.  10.     Any  person  who  violates  or  fails  to  perform  any 

14  duty  imposed  by  any  of  the  provisions  of  this  act  is  guilty  of 

15  a  misdemeanor  and  is  liable  to  a  penalty  of  one  hundred  dol- 

16  4  lars  and  an  additional  penalty  of  twenty  dollars  for  each  quad- 

17  ruped  or  bird  or  part  of  quadruped  or  bird  bought,  sold,  offered 

18  for  sale,  taken,  possessed,  transported  or  had  in  possession  for 

19  transportation  in  violation  thereof.     All  acts  or  parts  of  acts, 

20  relating  to  the  protection  of  game  in  its  wild  state,  that  may  be 

21  in  direct  conflict  with  or  in  opposition  to  the  enforcement  and 

22  reasonable  operation  of  this  act  are  hereby  repealed. 


(24) 


Provides  that  deer  hides  be  tagged,  and  when  so  tagged,  can  be  sold  or  trans- 
ported.     Misdemeanor  for  buying  or  selling  untagged  deer  hides. 

SENATE  BILL  No.  603 


INTRODUCED  BY  SENATOR  RUSH, 
January  22,  1913.  • 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  Section  Six  Hundred  and  Twenty-six  h,  of  the  Penal 
Code  of  the  State  of  California,  Relating  to  the  Protec- 
tion of  Fish  and  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-six  h  of  the 

2  Penal  Code  is  hereby  amended  to  read  as  follows: 

3  626/t.     Every  person  who  buys,  sells,  offers  or  exposes  for 

4  sale,  barter  or  trade,  the  hide,  pelt  or  skin  of  any  deer,  or  who 

5  transports,  carries,  or  has  in  his  possession,  the  skin,  pelt  or 

6  hide  of  any  female  deer,  or  spotted  fawn,  or  any  deer  hide  or 

7  pelt  from  which  the  evidence  of  sex  has  been  removed,    is 

8  guilty  of  a  misdemeanor;  provided,  however,  that  the  provis- 

9  ions  of  this  section  shall  not  apply  to  the  skin,  pelt  or  hide  of 

10  any  deer  killed  or  taken  in  a  foreign  country ;  provided,  how- 

11  ever,  that  any  person  who  shall  lawfully  kill  deer  during  the 

12  open  season  may  make  an  affidavit  before  any  justice  of  the 

13  peace  or  county  clerk,  setting  forth  the  date  of  the  killing  of 

14  each  deer,  and  that  the  same  was  killed  by  the  affiant;  and 

15  said  justice  of  the  peace  or  county  clerk  taking  such  affidavit 

16  shall  unless  he  have  reason  to  believe  that  said  affidavit    is 

17  false,  or  that  the  affiant  has  violated  the  laws  relating  to  the 

(25) 


1  killing  of  game,  thereupon  deliver  to  the  affiant  one  leather 

2  tag  of  the  character  hereinafter  described  for  the  hide  of  each 

3  deer  covered  by  said  affidavit,  not  exceeding  two  in  all,  and 

4  the  person  so  receiving  such  tag  or  tags  shall  securely  fasten 

5  with  wire  one  tag  to  each  deer  skin  and  shall  thereupon  be 

6  entitled  to  offer  said  deer  skin  for  sale  or  exchange  or  trans- 

7  portation   to   any   point   within   the   state.     The   tags   above 

8  referred  to  shall  be  designed  and  issued  by  the  state  board  of 

9  fish  commissioners,  or  the  chief  officer  charged  with  the  enforce- 

10  ment  of  the  game  laws,  and  shall  bear    a    stamp    impressed 

11  thereon  containing  a  number  and  the  year  of  issue,  and  such 

12  other  words  or  figures  as  such  board  or  officer  may  determine. 

13  Such  tags  shall  be  numbered  consecutively    beginning    with 

14  No.  1  each  year,  and  shall  be  distributed  to  the  various  county 

15  clerks  of  this  state  to  be  distributed  to  the  justices  of  the  peace 

16  of  their  respective  counties.     Each  county  clerk  shall  receipt 

17  for  the  tags  so  received  by  him  and  shall  take  from  each  justice 

18  of  the  peace  to  whom  he  shall  issue  any  of  such  tags  a  receipt 

19  in  duplicate,  one  copy  of  which  he  shall  file  in  his  office  and 

20  the  other  of  which  he  shall  forward  to  the  state  board  of  fish 

21  commissioners.     Each  justice  of  the  peace  or  county  clerk  tak- 

22  ing  any  such  affidavit  and  issuing  any  such  tag  shall  enter 

23  upon  each  affidavit  the  number  of  the  tags  issued  by  him  to 

24  the  affiant,  and  he  shall  forward  to  the  county  clerk  of  his 

25  county  within  five  days  from  the  close  of  the  open  season 
2^  for  deer  in  each  year  all  such  affidavits,  and  all  unused  tags, 
2 '  and  said  clerk  shall  forward  all  of  the  same  to  the  state  board 

28  of  fish  commissioners.    Such  affidavit  may  also  be  taken  by  and 

29  filed  with  any  county  clerk  who  may  issue  tags  direct  to  affiant 
under  the  regulations  hereinbefore  mentioned.     Each  county 

31  clerk  or  justice  of  the  peace  transmitting  any  such  affidavit 

^2  may  make  a  charge  to  the  affiant  of  ten  cents,  but  no  other  fee 

33  shall  be  collected  for  the  taking  of  such  affidavits.     No  tag 

34  shall  be  issued  to  any  person  in  any  year  for  any  deer  hide 

35  after  the  expiration  of  five  days  from  the  close  of  the  open 

36  season  for  deer,  nor  shall  more  than  two  tags  be  issued  to  any 

37  person  in  any  one  year.    Any  person  who  shall  wilfully  make 


(26) 


1  a  false  affidavit  for  the  purpose  of  securing  any  tag  herein- 

2  before  mentioned,  or  who  shall  counterfeit  or  alter,  or  attempt 

3  to  counterfeit  or  alter  any  such  tag  issued  by  the  said  board 

4  of  fish  commissioners  shall  be  guilty  of  a  misdemeanor.     Every 

5  person  who  buys,  sells,  offers  or  exposes  for  sale,  barter  or 

6  trade,  or  transports  or  carries  any  deer  hide  within  this  state 

7  unless  the  same  shall  have  attached  thereto  a  leather  tag  as 

8  hereinbefore  provided  is  guilty  of  a  misdemeanor. 


(27) 


Changes  Section  628a,  to  permit  shipping  striped  bass  out  of  State.  Changes 
Section  634,  to  place  limits  of  tidewater  on  salmon  in  both  Sacramento  and 
San  Joaquin  rivers,  up  river.  Repeals  Section  636b,  preventive  of  fishing 
with  nets  in  Mokelumne  River. 

SENATE  BILL  No.  604 


INTRODUCED  BY  SENATOR  CAMINETTI, 
January  22,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Sections  Six  Hundred  and  Twenty-eight  a,  Six  Hun- 
dred and  Thirty-four,  and  to  Repeal  Section  Six  Hundred 
and  Thirty-six  b,  of  the  Penal  Code  of  the  State  of  Cali- 
fornia, all  Relating  to  the  Protection  and  Preservation 
of  Fish. 

The  people  of  the  State  of  California,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-eight  a  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows: 

4  628a.     Every  person  who,  at  any  time,  buys,  sells,  offers 

5  for  sale,  or  has  in  his  possession,  any  striped  bass  of  less  than 

6  three  pounds  in  weight ;  or  who,  between  the  seventeenth  day 

7  of  September  and  the  twenty-third  day  of  October  of  any 

8  year,  takes,  catches,  or  kills,  any  striped  bass,  with  a  net  or 

9  seine;  or  who,  between  the  seventeenth  day  of  September  and 

10  the   twenty-third   day   of   October   of   any  year,   has   in   his 

11  possession  any  striped  bass,  taken,  caught  or  killed,  except 

12  with  hook  and  line;  or  who,  between  the  seventeenth  day  of 

13  September  and  the  twenty-third  day  of  October  of  any  year, 

14  buys,  sells,  or  offers  for  sale,  ships,  offers  for  shipment,  or 

15  receives  for  shipment  or  transportation,  any  striped  bass  is 

(28) 


1  guilty  of  a  misdemeanor;  provided,  that  the  possession  of  such 

2  striped  bass  shall  be  prima  facie  evidence  of  the  fact  that 

3  such  striped  bass  were  caught  or  taken  in  the  waters  of  this 

4  state. 

5  Sec.  2.     Section  six  hundred  and  thirty-four  of  the  Penal 

6  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

7  follows : 

8  634.     Every  person   who.   between  the  seventeenth  day  of 
S  September  and  the  twenty-third  day  of  October  of  each  year, 

10  takes,  catches,  or  kills,  buys,  sells,  offers  or  exposes  for  sale, 

11  or  has  in  his  possession,  any  fresh  salmon;  every  person  who, 

12  except  with  spoon  and  hook   and  line,  between  the  twenty- 

13  third  day  of  October  and  the  fifteenth  day  of  November  of 

14  each  year,  takes,  catches,  or  kills,  any  salmon,  shad  or  striped 

15  bass,  above  tide-water ;  every  person  who,  between  the  twenty  - 

16  third  day  of  October  and  the  fifteenth  day  of  November  of 

17  each  year,  takes,  catches,  or  kills,  above  tide-water,  or  who 

18  has  in  his  possession  taken  above  tide-water,  more  than  one 

19  salmon,  during  any  one  calendar  day;  every  person  who  shall 

20  cast,  extend  or  draw,  or  assist  in  casting,  extending  or  draw- 

21  ing,  any  net  or  seine  for  the  purpose  of  taking  or  catching 

22  salmon,   shad  or  striped  bass,   in  any  of  the  waters  of  this 

23  state,    at   any   time   between    sunrise   of   each   Saturday   and 

24  sunset   of  the   following   Sunday;  every  person  who  catches 

25  salmon,  in  anj^  of  the  waters  of  this  state,  with  any  seine,  or 

26  net,  dragnet,  or  paranzella,  any  of  the  meshes  of  which  are, 

27  when  drawn  closely  together  and  measured  inside  the  knot. 

28  less  than  six  and  one-half  inches  in  length ;  every  person  who 

29  catches  any  shad  or  striped  bass  in  any  of  the  waters  of  the 

30  state,  with  any  seine  or  net,  dragnet,  or  paranzella,  any  of  the 

31  meshes  of  which  are,  when  drawn  closely  together  and  meas- 

32  ured  inside  the  knot,  less  than  five  and  one-half  inches  in 

33  length ;  every  person  who  catches  any  salmon,  shad  or  striped 

34  bass  with  any  seine  or  net,  the  cork  line  of  which  shall  be  sub- 

35  merged  below  the  surface  of  the  water  and  so  anchored  or 

36  fastened  to  the  bed  of  any  stream  or  body  of  water  so  as  to 

37  prevent  the  free  drifting  of  any  such  seine  or  net,  is  guilty 


(29) 


1  of  a  misdeamor,  and  is  punishable  by  a  fine  of  not  less  than 

2  two  hundred  dollars,  or  by  imprisonment  in  the  county  jail  in 

3  the  county  in  which  the  conviction  shall  be  had,  not  less  than 

4  one  hundred  and  fifty  days,  or  by  both  such  fine  and  impris- 

5  onment,  and  all  fines  imposed  and  collected  for  any  violation 

6  of  the  provisions  of  this  section  shall  be  paid  into  the  fish 

7  and  game  preservation  fund.     In  the  construction  and  mean- 

8  ing  of  this  section,  the  limits  of  tide  water  in  Sacramento 

9  river  shall  be  deemed  not  to  extend  above  the  east  side  of  the 

10  Southern   Pacific   company's  railroad  bridge   at  the   city  of 

11  Sacramento;  in  the  San  Joaquin  river,  not  to  extend  above 

12  the   south  side  of  the   Southern  Pacific   company's  railroad 

13  bridge  about  seventeen  miles  south  of  the  city  of  Stockton ;  in 

14  Eel  river,  in  Humboldt  county,  from  its  mouth  to  east  bound- 

15  ary  line  of  township  three  north,  range  two  west,  Humboldt 

16  meridian;  in  the  Klamath  river  to  a  point  on  the  river  north 

17  of  the  residence  of  James  McGarvey;  in  Smith  river,  in  Del 

18  Norte  county,  from  its  mouth  to  Higgins  Ferry.    Nothing  in 

19  this  section  shall  prohibit  the  United  States  fish  commission 

20  and  the  fish  and  game  commission  of  this  state  from  taking 

21  at  all  times  such  fish  as  they  deem  necessary  for  the  purpose 

22  of  artificial  hatching. 

23  Sec.  3.     Section  six  hundred  and  thirty-six  b  of  the  Penal 

24  Code  of  the  State  of  California  is  hereby  repealed. 

25  Sec.  4.     All  acts  and  parts  of  acts  in  conflict  with  this  act 

26  are  hereby  repealed. 


(30) 


Changes  law  on  two-mesh,  three-mesh  and  trammel  nets  by  also  including  the 
word  "set"'  as  among  the  acts  prohibited,  and  changing  the  words,  "the 
waters  of  this  State"  to  read  "the  waters  of  any  river,  stream,  strait,  or 
channel  of  any  bay  within  this  State."  Also  makes  fine  of  $100  or  imprison- 
ment not  less  than  fifty  days. 

SENATE  BILL  No.  635 


INTRODUCED  BY  SENATOR  FLINT, 
January  23,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  Section  Six  Hundred  Thirty-five  and  One  Half  of  the 
Penal  Code,  Relating  to  Two-mesh,  Three-mesh,  and  Tram- 
mel Nets. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  thirty-five  and  one  half  of 

2  the  Penal  Code  is  hereby  amended  to  read  as  follows : 

3  635J.     Every  person  who  shall,  at  any  time,  cast,  set,  extend, 

4  or  use,  any  two-mesh  or  three-mesh  net,  or  trammel  net,  for 

5  the  catching  of  fish,  shrimp,  or  shellfish,  in  the  waters  of  any 

6  river,  stream,  strait,  or  channel  of  any  bay  within  this  state, 

7  except  as  provided  in  section  six  hundred  and  thirty-six  of 

8  the  Penal  Code,  is  guilty  of  a  misdemeanor  and  is  punishable 

9  by  a  fine  of  not  less  than  one  hundred  dollars,  or  by  imprison- 

10  ment  in  the  county  jail  in  the  county  in  which  the  conviction 

11  shall  be  had,  not  less  than  fifty  days,  or  by  both  such  fine  and 

12  imprisonment;  and   all  fines   imposed  and  collected  for   any 

13  violation  of  any  of  the  provisions  of  this  section  shall  be  paid 

14  into  the  state  treasury  to  the  credit  of  the  fish  and  game 

15  preservation  fund. 

(31) 


Abalones.  Changes  present  law  so  as  to  prevent  the  use  of  diving  paraphernalia 
in  taking  abalones.  Also  prohibits  shipping  of  abalones,  abalone  meat,  or 
shells  out  of  the  State. 

SENATE  BILL  No.  636 


INTRODUCED  BY  SENATOR  FLINT, 
January  23,  1913. 


Referred  to  Committee  on  Fish  and  Came. 


an  ACT 

To  Amend  Section  Six  Hundred  Twenty-eight  of  the  Penal  Code 
of  the  State  of  California,  Relating  to  the  Protection  of 
Fish  and  Shell-fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty- eight  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read 

3  as  follows: 

4  628.     Ever}^  person  who,  at  any  time,  offers  for  shipment, 

5  ships,   or   receives  for  shipment   or  transportation   from  the 

6  State  of  California  to  any  place  in  any  other  state,  territory, 

7  or  foreign  country,  or  who  has  in  his  possession,  for  any  pur- 

8  pose,  any  dried  shrimp  or  shrimp  shells  of  shrimp  caught  or 

9  taken  in  the  waters  of  this  state,  is  guilty  of  a  misdemeanor; 

10  provided,  that  the  possession  of  such  dried  shrimp  or  shrimp 

11  shells,  for  any  purpose,  shall  be  prima  facie  evidence  of  the 

12  fact  that  such  dried  shrimps  or  shrimp  shells  are  of  shrimps 

13  which  were  caught  or  taken  in  the  waters  of  this  state;  or 

14  every  person  who,  between  the  fifteenth  rlflyjvFJjVhT-nary  amj 

15  the  fifteenth  day  of  September  of  each  year,  buys,  sells,  takes. 

16  catches,  kills,  or  has  in  his  possession  any  lobster,  or  crawfish, 

17  or  who,  at  any  time,  has  in  his  possession  any  lobster  or  craw- 

18  fish  of  less  than  nine  and  one  half  inches  in  length,  measured 

(32) 


1  from  one  extremity  to  the  other,  exclusive  of  legs,  claws,  or 

2  feelers,  or  who  shall,  at  any  time,  pickle,  can,  or  otherwise 

3  preserve  any  lobster,  crab,  or  crawfish,  caught  or  taken  in  the 

4  waters  of  this  state,  or  who  shall,  at  any  time,  sell  any  crab, 

5  lobster,  or  crawfish  meat  not  in  the  shell  of  such  crab,  lobster, 

6  or  crawfish,  or  who  shall  bring  to  shore  any  part  or  portion 

7  of  any  lobster,  crab,  or  crawfish,  without  the  remaining  por- 

8  tions  of  said  lobster,  crab,  or  crawfish,  in  such  condition  that 

9  the  size  of  such  lobster,  crab,  or  crawfish  cannot  be  measured, 

10  is  guilty  of  a  misdemeanor.     Every  person  who,  at  any  time, 

11  has  in  his  possession  for  sale,  or  sells,  or  offers  for  sale,  any 

12  dressed  catfish  less  than  seven  inches  in  length,  not  including 

13  the  head ;  or  who,  at  any  time,  kills,  or  has  in  his  possession, 

14  any  sturgeon  of  less  than  twenty-five  pounds  in  weight;  or 

15  who,  between  the  first  day  of  November  and  the  first  day  of 

16  March  of  the  year  following,  buys,  sells,  takes,  catches,  kills, 

17  or  has  in  his  possession,  any  crab ;  or  who,  at  any  time,  buys, 

18  sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in  his  posses- 

19  sion.  any  female  crab,  or  any  crabs  which  shall  measure  less 

20  than  seven  inches  across  the  back,  or  any  person  who,  between 

21  the  first  day  of  March  and  the  first  day  of  July  of  any  year, 

22  kills,  takes,  or  catches,  in  the  w-aters  of  this  state,  any  abalone 

23  (Haliotis)  ;  or  who,  at  any  time,  buys,  sells,  offers  for  sale, 

24  takes,    catches,   kills,   or   has   in   his   possession,   any   abalone 

25  (Haliotis),  known  to  commerce  as  the  red  abalone   {Haliotis 

26  rufescens),  less  than  seventeen  inches  around  the  outer  edge 

27  of  the  shell,  or  any  green  abalone  (Haliotis  fulgens),  less  than 

28  sixteen  inches  around  the  outer  edge  of  the  shell,  or  any  pink 

29  abalone  {Haliotis  corrugata),  less  than  fourteen  inches  around 

30  the  outer  edge  of  the  shell,  or  any  black  abalone    (Haliotis 

31  cracker odie) ,  less  than  twelve  inches  around  the  outer  edge 

32  of  the  shell;  or  who,  by  whatever  means  whatsoever,  takes  or 

33  catches,  between  the  first  day  of  July  and  the  twenty-eighth 

34  day  of  February,  the  red  abalone  (Haliotis  rufescens),  seven- 

35  teen  inches  or  over  around  the  outer  edge  of  the  shell,  or  the 

36  green    abalone     (Haliotis    fulgens),    sixteen    inches    or    over 

37  around  the  outer  edge  of  the  shell,  or  the  pink  abalone  (Halio- 


(33) 
3—3873 


1  tis  corrugata),  fourteen  inches  or  over  around  the  outer  edge 

2  of    the    shell,    or    the    black    abalone    (Haliotis    crackerodie) , 

3  twelve  inches  or  over  around  the  outer  edge  of  the  shell,  and 

4  does  not  bring  the  abalone  naturally   attached  to   the  shell, 

5  alive,  to  the  shore,  above  high-water  mark;  or  who  kills  any 

6  abalone   (Haliotis),  of  lawful  size,  other  than  for  food   pur- 

7  poses;  or  who,  at  any  time,  shall  use  any  diving  parapher- 

8  nalia  of  whatsoever  character,  for  the  taking,   gathering,   or 

9  catching  of  any  abalone   (Haliotis)  ;  or  who  ships,  offers  for 

10  shipment,   or   receives  for   shipment   or  transportation,   from 

11  the  State  of  California,  to  any  place  in  any  other  state,  terri- 

12  tory,    or    foreign    country,    any    abalone    (Haliotis),    abalone 

13  (Haliotis)   meat,  or  abalone    (Haliotis)   shells,  is  guilty  of  a 

14  misdemeanor;  provided,  that  it  shall  at  all  times  be  lawful 

15  for  any  person  or  persons,  to  buy,  sell,  or  have  in  his  posses- 

16  sion,  any  lobster  or  crawfish  of  not  less  than  nine  inches  in 

17  length,  measured  from  one  extremity  to  the  other,  exclusive 

18  of  legs,  claws,  or  feelers,  or  any  abalone  caught  or  taken  with- 

19  out  the  waters  of  this  state,  and  bearing,  after  inspection,  such 

20  evidence  of  having  been  so  caught  or  taken  as  shall  be  here- 

21  after  prescribed  by  the  fish  and  game  commission ;  and  pro- 

22  vided  further,  that  the  expense  of  such  inspection  shall  be  borne 

23  by  the  person  or  persons  importing  lobster  or  crawfish. 


CM) 


Establishes   and   defines   a   part   of    Marin   County   as   a   special   district  for  the 
propagation  of  game,  to  be  known  as  the  "Mount  Tamalpais  Game  Refuge." 

SENATE  BILL  No.  712 


INTRODUCED  BY  SENATOR  OWENS, 
January  24.  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Further  Divide  the  State  Into  Fish  and  Game  Districts  by 
Establishing  a  District  Specially  Suited  for  Propagation  of 
Game,  and  to  Provide  for  the  Management  and  Protection 
Thereof. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     In  addition  to  other  fish  and  game  districts, 

2  the  following  described  territory,  being  specially  fitted  for  the 

3  propagation  of  game,  is  set  apart  and  divided  from  the  other 

4  fish  and  game  districts  of  the  state,  and  shall  be  known  as  the 

5  "Mount    Tamalpais    game    refuge."     Said    district   shall    be 

6  composed  of  that  portion  of  Marin  county  which  is  parti cu- 

7  larly   described  as  follows:  beginning  at  the  head  of  inner 

8  Bolinas   bay,   at  the  intersection  of  the   Bolinas-San  Rafael 

9  county  road  with  the  Bolinas-Olema  county  road,  thence  run- 

10  ning  northwesterly  along  the  Bolinas-Olema  county  road  to 

11  its  intersection  with  the  boundary  line  between  the  lands  of 

12  Mrs.  S.  S.  Randall  and  G.  Muscio;  thence  northeasterly  along 

13  the  said  boundary  line  and  that  line  extended  to  its  intersection 

14  with    the   center   of   the   right   of   way  of   the   Northwestern 

15  Pacific  railway;  thence  southeasterly  along  the  center  of  the 


(35) 


1  right   of  way   of  the   Northwestern  Pacific  railroad  through 

2  railroad  stations  Lagunitas,  Fairfax,  San  Anselmo,  Corte  Ma- 

3  dera  and  intermediate  stations  to  Manzanita  station,  where  now 

4  located;  thence  southerly  along  the  road  up  the  east  branch 

5  of  Coyote  valley  and  down  Tennessee  valley  to  its  mouth  on 

6  the  Pacific  ocean ;  thence  northwesterly  along  the  Pacific  ocean 

7  and  Bolinas  bay  (including  inner  Bolinas  bay)  to  the  point  of 

8  beginning. 

9  Sec.  2.     The  provisions  of  law  for  district  number  , 

10  for  the  protection  of  fish,  shall  be  in  force  in  said  "Mount 

11  Tamalpais  game  refuge;"  but  there  shall  be  no  open  season 

12  therein  for  any  game  animals  or  birds,  and  it  shall  be  unlaw- 

13  ful  to  hunt,  pursue,  take,  kill  or  destroy  any  such  animals  or 

14  birds  within  its  limits,  at  any  time,  except  to  capture  the  same 

15  to  be  set  at  liberty  elsewhere,  as  hereinafter  specially  pro- 

16  vided.     The  terms,  game  animals  and  birds,  as  used  herein, 

17  are  intended  to  include  all  animals  and  birds  which  are  pro- 

18  tected  or  fostered  by  any  of  the  laws  of  the  state. 

19  Sec.  3.     Said  Mount  Tamalpais  game  refuge  shall  be  under 

20  the  government,  control  and  management  of  a  board,  to  be 

21  known    as    the    "managers    of    the    Mount    Tamalpais    game 

22  refuge. ' '     Said  board  shall  consist  of  three  members,  to  be 

23  appointed  by  the  governor  of  the  state,  and  to  hold  office  at 

24  his  pleasure.     Said  members  shall  receive  no  salary ;  but  when 

25  any  funds  are  available  for  the  purpose,  may  be  reimbursed 

26  for   actual    expenses   incurred    in   the    performance    of   their 

27  official  duties. 

Sec.  4.     Said  managers  shall  have  power: 
a.  To  exercise  control  over  any  lands  within  the  district 
to  which  the   state  may  acquire   any  tenancy  or  ownership, 

31  by  lease,  purchase,  or  donation. 

32  b.  To  accept,  on  behalf  of  the  state,  donations  of  ownership 

33  or  leasehold  interests  of  any  lands  within  the  boundaries  of 

34  said  district,  to  be  used  for  furtherance  of  the  objects  of  pro- 

35  tecting,  feeding,  or  propagating  game. 

36  c.  To  accept,  on  behalf  of  the  state,  donations  of  game  birds 

37  and  animals,  and  of  money  given  or  appropriated  for  protec- 


ts) 


29 
30 


1  tion,  feeding,  or  propagation  of  game  in  said  district,  and  use 

2  the  same  for  the  said  purposes;  and  as  nearly  as  may  be,  for 

3  any  particular  purpose  indicated  by  the  donor. 

4  d.  To  capture  and  take  alive  from  said  district,  game,  and 

5  set  it  at  liberty  in  other  portions  of  the  state,  with  the  ap- 

6  proval  of  the  fish  and  game  commission,  but  not  otherwise. 

7  e.  To  adopt  rules  for  the  government  of  said  board  in  its 

8  own  meetings  and .  deliberations ;  and  to  make  such  rules  and 

9  regulations    for   the    further   protection    and   propagation   of 

10  game  in  the  district  as  shall  not  be  inconsistent  with  this  act 

11  or  other  statutes  of  the  state. 

12  /.  To  appoint  and  employ  wardens  for  said  district,  who 

13  shall   have  within   said  district  all  the  authority  and  duties 

14  of  deputy  fish  and  game  commissioners,  and  such  other  em- 

15  ployees  as  may  be  needed;  and  may  provide  compensation  for 

16  said  wardens  and  employees  when  there  are  funds  at  the  dis- 

17  posal  of  said  board  available  for  such  purpose. 

18  g.  To  issue,  in  their  discretion,  and  under  such  restrictions 

19  as  they  may  deem  best,  permits  for  carrying,  using,  or  having 

20  in  possession,  within  said  district,  firearms,  traps,  or  other  in- 

21  struments  or  means  for  killing  or  taking  birds  or  animals;  but 

22  no  such  permits  shall  allow  any  person  to  hunt,  kill,  destroy  or 

23  take,  any  game  birds  or  animals ;  and  no  hunting,  killing  or  de- 

24  struction  of  wild  birds  or  animals,  other  than  game  birds  or  ani- 

25  mals,  within  said  district,  shall  be  allowed,  except  by  persons 

26  on  their  own  lands  or  those  of  their  employer,  by  wardens  or 

27  by  persons  holding  special  permits  for  the  purpose;  and  per- 

28  sons  holding  said  special  permits  shall  only  be  allowed  so  to 

29  do  when   accompanied  either  by  a  member  of  the  fish   and 

30  game   commission,    or   authorized   deputy,    a   member   of   the 

31  board  of  managers,  or  a  warden  of  the  district,  or  the  sheriff, 

32  or  a  deputy  sheriff  of  the  county. 

33  Sec.  5.     Any  person  who  shall  do  any  of  the  following  acts 

34  within  the  limits  of  said  district  shall  be  guilty  of  a  misde- 

35  meanor,   and  shall  be  punishable  by  fine  not  exceeding  one 

36  thousand   dollars,   or   by   imprisonment   not   exceeding   seven 

37  months,  or  by  both  such  fine  and  imprisonment : 


(37) 


1  a.  Hunt,  pursue,  take,  kill  or  destroy,  any  game,  birds,  or 

2  animals. 

3  b.  Hunt,  pursue,  take,  kill  or  destroy,  any  other  wild  birds 

4  or  animals,  except  as  hereinbefore  provided. 

5  c.  Have  in  his  possession  any  firearms,  traps  or  other  con- 

6  trivance,  instruments,  or  means  capable  of  being  practically 

7  used,   for  killing,   destruction,   or   capture   of  game  birds  or 

8  animals,  without  having  a  permit  therefor  from  the  board  of 

9  managers;  provided,  this  subdivision  shall  not  apply  to  the 

10  legal  occupant  of  privately  owned  lands,  when  upon  his  own 

11  lands,  nor  to  the  employees  of  such  occupant  when  employed 

12  in  killing  on  the  lands  of  their  employer,  ground  squirrels, 

13  gophers,  owls,  hawks,  blue  jays,  skunks,  or  other  destructive 

14  birds  or  animals  which  are  not  game  birds  or  animals,  as  here- 

15  inbefore  defined. 

16  d.  Wilfully  violate  any  rules  or  regulations  of  the  board  of 

17  managers. 

18  Sec.  6.     It  shall  be  the  duty  of  the  managers  of  said  Mount 

19  Tamalpais  game  refuge  to  enforce  all  the  provisions  of  this 

20  act  and  to  institute  and  assist  in  prosecutions  for  violations 

21  thereof;  and  so  far  as  can  be  done  without  neglect  of  other 

22  duties,  such  is  likewise  the  duty  of  the  fish  and  game  com- 

23  mission  and  its  deputies  and  of  all  peace  officers. 

24  Sec.  7.     Any  county  may,  in  the  discretion  of  its  board  of 

25  supervisors,  appropriate  and  pay  to  said  board  of  managers 

26  funds  to  be  used  by  them,  as  provided  in  subdivision  c,  of 

27  section  four  hereof,  or  to  induce  distribution  within  their 
*y  respective  counties  of  game  birds  or  animals,  as  provided  in 
29  subdivision  e  of  said  section;  all  sums,  if  any,  so  paid  by 
<W  counties  or  individuals,  to  induce  such  distribution,  shall  be 

31  treated  by  the  managers  as  donations,  within  the  meaning  of 

32  the  aforementioned  subdivision  c,  of  section  four  hereof. 


(38) 


Changes  the   limits  on    Napa   river  within   which   nets,   seines,   or  traps   may   be 

used. 

SENATE  BILL  No.  714 


INTRODUCED  BY  SENATOR  RUSH, 
January  24,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  Section  One  of  an  Act  Entitled,  "An  Act  to  Prohibit 
the  Use  of  Nets,  Seines,  Traps  or  Weirs  in  the  Napa  River 
and  its  Tributaries  in  the  Counties  of  Sonoma,  Napa  and 
Solano/'  Approved  March  4,  1911. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  1  of  an  act  entitled  "An  act  to  pro- 

2  hibit  the  use  of  nets,  seined,  traps  or  weirs  in  the  Napa  river 

3  and  its  tributaries  in  the   counties    of    Sonoma,    Napa    and 

4  Solano,"  approved  March  4,  1911,  is  hereby  amended  to  read 

5  as  follows : 

6  Section  1.     Any  person  who  in  the  waters  of  Napa  river 

7  from    its    source    to    the    north    side    of    the    first    Southern 

8  Pacific  railroad  bridge  across  said  river  or  in  any  of  the  tribu- 

9  taries  of  said  river  shall  take  fish  of  any  kind,  by  means  of 

10  a  net,  seine,  trap,  weir  or  gang-hook,  or  who  shall  have  in 

11  his  possession,   or   use,   or   set   any  net,   seine,   trap,   weir   or 

12  gang-hook  for  the  purpose  of  catching  any  fish  in  said  waters, 

13  is  guilty  of  a  misdemeanor;  provided,  that  nothing  in  this 

14  act  contained  shall  prohibit  any  person  from  taking  during 

15  the  open  season  therefor  any  fish  with  hook  and  line. 

16  Section  2.     All  acts  and  part  of  act  in  conflict  with  this 

17  act  are  hereby  repealed. 

(39) 


Appropriates  $40,000  to  establish  a  fish  hatchery  in  southern  California. 

SENATE  BILL  No.  732 

INTRODUCED  BY  SENATOR  LYON, 
January  25,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Establish  a  Fish  Hatchery,  to  Provide  for  the  Purchase  or 
Lease  of  Land  Therefor  and  the  Construction  of  Build- 
ings and  Other  Improvements  in  Connection  Therewith  in 
Southern  California  and  to  Make  an  Appropriation 
Therefor. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     There  is  hereby  appropriated  out  of  any  money 

2  in  the  state  treasury,  not  otherwise  appropriated,  the  sum  of 

3  forty  thousand  dollars  for  the  purpose  of,  and  to  be  used 

4  in  the  purchase  or  lease  of  land  and  together  with  water  and 

5  water   rights   appertaining   thereto,   and   the   construction   of 

6  buildings  and  other  improvements  in  connection  therewith  and 

7  the  equipment  thereof  for  fish  hatchery  purposes. 

8  Sec.  2.     When  a  suitable  site  is  selected  by  the  board  of  fish 

9  and    game    commissioners,    the    said    commission    are    hereby 

10  authorized  and  empowered  to  purchase  or  lease  the  land  so 

11  selected  together  with  water  and  water  rights. 

12  Sec.  3.     The  controller  of  the  state  is  hereby  authorized  and 

13  directed  to  draw  his  warrant  or  warrants  for  the  amount  of 

14  money  appropriated  by  section  one  of  this  act,  and  the  state 

15  treasurer  is  hereby  ordered  and  directed  to  pay  such  warrants 

16  out  of  said  appropriation. 

(40) 


Appropriates  $15,000  for  a  patrol  boat  for  Fish  and  Game  Commission  to  be  used 
in  southern  California  waters. 


SENATE  BILL  No.  733 

INTRODUCED  BY  SENATOR  LYON. 
January  25,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Appropriate  Money  for  the  Purchase  of  a  Patrol  Boat  for 
the  Use  of  the  Fish  and  Game  Commission  for  the  Southern 
California  Islands  and  Coast  Patrol. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     There  is  hereby  appropriated  out  of  any  moneys 

2  in  the  state  treasury  not  otherwise  appropriated  the  sum  of 

3  fifteen  thousand  dollars  or  so  much  thereof  as  may  be  necessary 

4  to  be  paid  to  the  order  of  the  board  of  fish  and  game  commis- 

5  sioners  for  the  purpose  of  purchasing  and  equipping  a  patrol 

6  boat  for  use  of  said  commission  for  the  patrol  of  the  Southern 

7  California  islands  and  coast  patrol. 

8  Sec.  2.     The    state    controller    is    hereby    authorized    and 

9  directed  to  draw  his  warrant  or  warrants  for  the  amount  of 

10  money  appropriated  by  section  one  of  this  act  and  the  state 

11  treasurer  is  hereby  ordered  and  directed  to  pay  such  warrant 

12  or  warrants  out  of  said  appropriation. 


(41) 


Proposes  a  closed  season  on  tree  squirrels  for  five  years  in  district  number  six. 

SENATE  BILL  No.  799 

INTRODUCED  BY  SENATOR  THOMPSON, 
January  27,  1913. 


Referred  to  Committee  ox  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  and  Twenty-six  g  of  the  Penal 
Code  Relating  to  the  Protection  and  Preservation  of 
Tree  Squirrels. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-six  g  of  the 

2  Penal  Code  is  amended  to  read  as  follows: 

3  626#.     Every  person  who  between  the  first  day  of  January 

4  and  the  first  day  of  September  of  the  same  year,  hunts,  takes, 

5  kills,  or  destroys,  or  has  in  his  possession,  any  species  of  tree 

6  squirrel,  or  who  at  any  time  buys,  sells,  offers  for  sale,  or  has 

7  in  his  possession  for  sale,  any  tree  squirrel,  is  guilty  of  a  mis- 

8  demeanor,  and  any  person  who  takes,  kills,  or  destroys,  or  has 

9  in  his  possession  more  than  twelve  tree  squirrels  during  any 

10  one  open  season,  is  guilty  of  a  misdemeanor;  provided,  that 

11  none  of  the  provisions  of  this  section  shall  in  any  manner 

12  apply  to  the  county  of  Mendocino  in  said  state ;  and  provided 

13  further,  that  every  person  in  game  district  number  six  of  the 

14  State  of  California  who  at  any  time  during  the  five  years  next 

15  succeeding   the   passage   of   this    act   hunts,    takes,    kills,    or 

16  destroys  any  species  of  tree  squirrels  is  guilty  of  a  misde- 

17  meanor. 

(42) 


Proposes  a  closed  season  on  deer  for  five  years  in  district  six. 

SENATE  BILL  No.  800 


INTRODUCED  BY  SENATOR  THOMPSON, 
January  27,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  and  Twenty-six  f  of  the  Penal 
Code  Relating  to  the  Protection  and  Preservation  of 
Male  Deer. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-six  /  of  the 

2  Penal  Code  is  amended  to  read  as  follows : 

3  626/.     Every  person  who  between  the  first  day  of  November 

4  and  the  fifteenth  day  of  August  of  the  following  year,  hunts, 

5  pursues,  takes,  or  destroys,  or  has  in  his  possession,  whether 

6  taken  or  killed  in  the  State  of  California,  or  shipped  into  the 

7  state  from  any  other  state,  or  territory,  or  foreign  country 
S  any  male  deer,  or  any  deer  meat,  is  guilty  of  a  misdemeanor, 

*    9  except  as  hereinafter  provided ;  provided,  that  every  person  in 

10  game  districts  numbers  two,  four  and  five  of  the  State  of  Cali- 

11  fornia  who  between  the  first  day  of  September  and  the  first 

12  day  of  July  of  the  following  year,  hunts,  pursues,  takes  or 

13  destroys,  or  has  in  his  possession,  whether  taken  or  killed  in  the 

14  State  of  California,  or  shipped  into  the  state  from  any  other 

15  state,  territory,  or  foreign  country,  any  male  deer,  or  any  deer 

16  meat,  is  guilty  of  a  misdemeanor ;  provided,  further,  that  every 

17  person  in  game  district  number  six  of  the  State  of  California, 

18  who  at  any  time  during  the  five  years  next  succeeding  the 

19  passage  of  this  act  hunts,  pursues,  takes,  or  destroys  any  male 

20  deer,  is  guilty  of  a  misdemeanor. 

(43) 


Adds  one  more  fish  and  game  district,  making  seven  districts,  by  taking  Mono 
out  of  the  third,  Inyo  out  of  the  sixth,  and  putting  them  with  Alpine  in  the 
seventh. 

SENATE  BILL  No.  814 


INTRODUCED  BY  SENATOR  AVEY, 

January  27,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  an  Act  Entitled,  "An  Act  to  Divide  the  State  of  Cali- 
fornia Into  Six  Fish  and  Game  Districts/'  Approved 
March  21,  1911,  by  Adding  a  New  Section  Thereto. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     An  act  entitled,  "An  act  to  divide  the  State  of 

2  California  into  six  fish  and  game  districts,"  approved  March 

3  21,  1911,  is  hereby  amended  by  adding  a  new  section  thereto, 

4  to  be  numbered  section  seven  and  to  read  as  follows : 

5  Section  1.     The  State  of  California  is  hereby  divided  into 

6  seven  fish  and  game  districts  to  be  known  as  and  designated 

7  the  first  fish  and  game  district,  the  second  fish  and  game  dis- 

8  trict,  the  third  fish  and  game  district,  the  fourth  fish  and  game 

9  district,  the  fifth  fish  and  game  district,  the  sixth  fish  and 

10  game  district  and  the  seventh  fish  and  game  district. 

11  Sec.  2.     The  first  fish  and  game  district  shall  consist  of  and 

12  include  the  counties  of  Del  Norte,  Siskiyou,  Modoc,  Lassen, 

13  Shasta,  Trinity,  Humboldt,  Tehama. 

14  Sec.  3.     The  second  fish  and  game  district  shall  consist  of 

15  and  include  the  counties  of  Mendocino,  Glenn,  Colusa,  Lake, 

16  Sonoma,  Napa,  Yolo,  Solano,  Marin. 

(44) 


1  Sec.  4.     The  third  fish  and  game  district  shall  consist  of 

2  and  include  the  counties  of  Plumas,  Butte,  Sierra,  Yuba,  Sut- 

3  ter,  Nevada,  Placer,  El  Dorado,  Sacramento,  Amador,  Cala- 

4  veras,  Tuolumne,  Mariposa. 

5  Sec.  5.     The  fourth  fish  and  game  district  shall  consist  of 

6  and  include  the  counties  of  San  Joaquin,  Stanislaus,  Merced, 

7  Madera,  Fresno,  Kings,  Tulare,  Kern. 

8  Sec.  6.     The  fifth  fish  and  game  district  shall  consist  of  and 

9  include  the  counties  of  Contra  Costa,  Alameda,  San  Francisco, 

10  San  Mateo,  Santa  Clara,  Santa  Cruz,  San  Benito,  Monterey, 

11  San  Luis  Obispo. 

12  Sec.  7.     The  sixth  fish  and  game  district  shall  consist  of  and 

13  include  the  counties  of  Santa  Barbara,  Ventura,  Los  Angeles, 

14  Orange,  San  Diego,  Imperial,  Riverside,  San  Bernardino. 

15  Sec.  8.     The  seventh  fish  and  game  district  shall  consist  of 

16  and  include  the  counties  of  Inyo,  Mono,  Alpine. 


( IS) 


New  Act.     Makes  each   member  of  the   Legislature  a   Game  Warden   during  his 

term   of  office. 

SENATE  BILL  No.  932 


INTRODUCED  BY  SENATOR  HANS. 
January  29,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Promote  the  Enforcement  of  the  Game  Laws  of  the  State  of 
California  by  Designating  Each  Member  of  the  Legislature 
as  a  Game  Warden  With  Full  Authority  of  Peace  Officers 
for  the  Purposes  of  This  Act. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     To  see  that  the  laws  for  the  preservation  of  fish 

2  and  game  are  strictly  enforced;  and  for  that  purpose  only; 

3  each  and  every  member  of  the  legislature  of  the  State  of  Cali- 

4  fornia  is  hereby  designated  as,  and  authorized  to  act  as  a  game 

5  warden,   during  his  term  of  office  as  a  member  of  the  said 

6  legislature. 

7  Sec.  2.     Each  member  of  the  legislature  of  the  State  of 

8  California,  during  his  term  of  office  as  such,  shall  have  all  of  the 

9  powers  and  authority  of  sheriffs  or  other  peace  officers  to  make 

10  arrests  for  violation  of  the  fish  and  game  laws  of  the  State  of 

11  California,  and  to  serve  all  process  and  notices  throughout  the 

12  state. 

13  Sec.  3.     Each   such    game   warden    shall   have    all   of   the 

14  powers  as  specified  in  section  six  hundred  and  forty-two  of 

15  article  XVII  of  chapter  III  of  the  Political  Code  of  the  State 

16  of  California,  except  that  all  arrests  made  by  them  shall  be  at 

(46) 


1  once  reported  to  the  fish  and  game  commission  of  the  State  of 

2  California,  and  all  fines  accruing  from  such  arrests  shall  be 

3  paid  into  the  fish  and  game  preservation  fund. 

4  Sec.  4.     Such  game  wardens  shall  receive  no  compensation. 


(41) 


Fishing  with    nets,   seines,  etc.,   in   Cache  Slough.     Changes   prohibited   district. 

SENATE  BILL  No.  960 

INTRODUCED  BY  SENATOR  RUSH, 
January  29,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  an  Act  Entitled  "An  Act  to  Prohibit  the  Use  of  Nets 


Seines,  Traps,  or  Weirs  for  the  Catching  of  Fish  in  Cache 
Slough  and  Its  Tributaries  in  the  Counties  of  Solano  and 
Yolo,"  Approved  February  20,  1911. 

The  people  of  the  State  of  California  do  enact  as  folloivs: 

1  Section  1.     Section  one  of  an  act  entitled  "An  act  to  pro- 

2  hibit  the  use  of  nets,  seines,  traps,  or  weirs  for  the  catching  of 

3  fish  in   Cache  slough  and  its  tributaries  in  the  counties  of 

4  Solano  and  Yolo,"  approved  February  20,   1911,   is  hereby 

5  amended  to  read  as  follows: 

6  Section  1.     Any  person  who,  in  the  waters  of  Cache  slough, 

7  from   its  source  to   Barnhart's  Landing,   in   the   counties   of 

8  Solano  and  Yolo,  State  of  California,  or  in  any  of  the  tribu- 

9  taries  of  said  slough  in  either  county,  shall  take  any  fish  of 

10  any  kind,  by  means  of  a  net,  seine,  trap,  or  weir,  or  who  shall 

11  have  in  his  possession  or  use,  or  set  any  net,  seine,  trap,  or 

12  weir  for  the  purpose  of  catching  any  fish  in  said  waters,  is 

13  guilty  of  a  misdemeanor;    provided,  that  nothing  in  this  act 

14  contained  shall  prohibit  any  person  from  taking,  during  the 

15  open  season  therefor,  any  fish  with  hook  and  line. 


(48) 


Steelhead  trout.  Changes  law  by  cutting  out  some  of  the  present  provisions. 
Puts  a  limit  of  fifty  trout  per  day.  Prohibits  shipping  out  of  the  State 
steelhead  or  other  trout. 

SENATE  BILL  No.  961 


INTRODUCED  BY  SENATOR  FINN, 


January  29,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Thirty-two  and  One  Half  of  the 
Penal  Code,  Relating  to  the  Protection  of  Steel-head 
Trout. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  thirty-two  and  one  half  of 

2  the  Penal  Code  of  the  State  of  California  is  hereby  amended 

3  to  read  as  follows : 

4  632^.     Every  person  who,  between  the  first  day  of  Novem- 

5  ber  and  the  first  day  of  April  of  the  year  following,  takes, 

6  catches,  kills,  destroys,  or  has  in  his  possession,  any  steelhead 

7  trout   taken   above  tide  water;   or  who,   at   any  time,   takes, 

8  catches,  or  kills,  any  steelhead  trout,  except  with  hook  and  line ; 

9  or  who  has  in  his  possession  any  steelhead  trout  which  have 

10  been  taken,  caught,  or  killed,  except  with  hook  and  line;  or 

11  who,  at  any  time,  takes,  catches,  kills,  or  has  in  his  possession, 

12  during  any  one  calendar  day,  more  than  fifty  steelhead  trout ; 

13  or  who,  at  any  time,  takes,  catches,  kills,  or  has  in  his  posses- 

14  sion,  during  any  one  calendar  day,  steelhead  trout,  the  total 

15  weight  of  which  exceeds  fifty  pounds  caught,  taken,  or  killed 

16  in  the  waters  of  this  state,  is  guilty  of  a  misdemeanor.     Every 

(49) 
4—3873 


1  person  who  offers  for  shipment,  ships,  carries,  transports,  or 

2  receives  for  shipment  or  transportation  from  the  State  of  Cali- 

3  fornia  to  any  place  in  any  state,  territory,  or  foreign  county 
4:  any  steelhead  trout  or  other  trout,  caught,  or  taken  in  the 

5  waters  of  this  state,  is  guilty  of  a  misdemeanor;  provided, 

6  that   the   possession   of   such   steelhead   or   other   trout   shall 

7  be  prima  facie  evidence  of  the  fact  that  such  steelhead  or 

8  other  trout  were  caught  or  taken  in  the  waters  of  this  state. 

9  Nothing  herein  shall  apply  to  domestically  reared  steelhead 

10  trout  or  other  trout.     Every  person  found  guilty  of  any  vio- 

11  lation  of  any  of  the  provisions  of  this  section  must  be  fined 

12  in  a  sum  not  less  than  twenty  dollars,  or  be  imprisoned  in 

13  the  county  jail  in  the  county  in  which  the  conviction  shall 

14  be  had,  not  less  than  ten   days,   or  by  both  such  fine  and 

15  imprisonment,    and   all   fines   collected   for   any   violation   of 

16  any  of  the  provisions  of  this  section  must  be  paid  into  the 

17  state   treasury,   to   the    credit   of   the   fish   commission   fund. 

18  Nothing  in  this  section  prohibits  the  United  States  fish  com- 

19  mission  and  the  fish  and  game  commission  of  this  state  from 

20  taking  at  all  times  such  trout  as  they  deem  necessary  for  the 

21  purpose  of  propagation  or  for  scientific  purposes. 


(50) 


New  section.     Prevents  the  use  of  salmon  roe,  steelhead  trout  roe,  or  prepared 
salmon  eggs  as  bait  to  catch  steelhead  trout. 


SENATE  BILL  No.  962 

INTRODUCED  BY  SENATOR  FINN, 
January  29,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Califor- 
nia, to  be  Numbered  Six  Hundred  Thirty-two  c,  Relating 
to  the  Taking  of  Trout  by  Using  Salmon  or  Trout  Roe  or 
Eggs. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal 

2  Code  of  the  State  of  California,  to  be  numbered  six  hundred 

3  and  thirty-two  c,  which  shall  read  as  follows : 

4  632c.     Every   person,   who   at   any   time,   takes,   catches   or 

5  kills,  any  steelhead  trout,  or  any  other  variety  of  trout,  by 

6  using  salmon  roe,  steelhead  trout  roe,  trout  roe,  or  the  pre- 

7  pared  eggs  of  any  salmon  or  trout  in  any  of  the  waters  of  this 

8  state  other  than  salt  or  brackish  waters,  or  who  has  in  his  pos- 

9  session,   any  steelhead  trout  or  other  trout  that  were  taken, 

10  caught  or  killed  by  using  such  salmon  roe,  steelhead  trout  roe 

11  or  the  prepared  eggs  of  any  salmon  or  trout  as  bait  in  the 

12  waters  of  this  state  is  sruiltv  of  a  misdemeanor. 


(51) 


Section  627b,  cuts  out  that  part  defining  the  construction  to  be  placed  upon  the 
section,  and  adds  on,  that  no  common  carrier  or  person  offering  for  ship- 
ment be  convicted,  unless  they  knew  that  said  game  was  unlawfully  taken. 
Section  627c.  New.  No  person  to  be  convicted  for  having  quail,  ducks, 
etc.,  unless  they  have  them,  knowing  them  to  be  unlawfully  killed,  and  is 
then  hunting  them,  or  has  gun. 

SENATE  BILL  No.  999 


INTRODUCED  BY  SENATOR  TYRRELL, 
(By  request,) 


January  29,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  and  Twenty-seven  b  of  the  Penal 
Code  of  the  State  of  California,  and  to  Add  to  Said  Penal 
Code  a  New  Section,  to  Be  Numbered  Section  Six  Hundred 
and  Twenty-seven  c,  Relating  to  the  Preservation  of  Game 
and  Fish. 

The  veople  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-seven  o  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows : 

4  627b.     Every  common  carrier  which  receives  for  shipment 

5  or  transportation  from,  or  which  ships  or  transports  for,  any 

6  one  person  during  any  one  calendar  day  more  than  twenty-five 

7  wild  ducks,  or  black  sea  brant,  or  more  than  twenty  quail. 

8  snipe,  curlew,  ibis,  plover,  rail,  or  other  shore  birds  (Limicolai), 

9  or  more  than  twenty  doves;  or  which  ships  or  transports,  or 

10  any  person  offering  for  shipment  or  transportation  any  of  the 

11  said  birds,  or  any  deer,  or  any  deer  meat,  in  any  quantity. 

(52) 


1  unless  such  birds,  or  deer,  or  deer  meat  are  at  all  times  in 

2  open  view  and  tagged  or  labeled  with  the  name,  and  residence 

3  of  the  person  by  whom  they  are  shipped;  or  any  person  who 

4  shall  at  the  time  of  such  shipment  or  transportation  fail  to 

5  furnish  to  any  such  common  carrier  a  tag  or  label  bearing  his 

6  name,  residence  and  the  exact  contents  of  the  package  offered 

7  for  shipment  or  transportation  is  guilty  of  a  misdemeanor; 

8  provided,  however,  that  no  common  carrier  shall  be  convicted 

9  of  receiving  for  shipment  or  transportation,  or  of  shipping  or 

10  transporting,  and  no  person  shall  be  convicted  of  offering  for 

11  shipment  or  transportation,   any  quail,  wild  duck  or  ducks, 

12  black  sea  brant,  snipe,  curlew,  ibis,  plover,  rail,  or  other  shore 

13  bird  or  birds  (Limicolee),  or  any  dove  or  doves,  or  any  num- 

14  ber  thereof,  unless  such  common  carrier  receives  for  shipment 

15  or  transportation,  or  ships  or  transports,  or  such  person  offers 

16  for  shipment  or  transportation,  such  quail,  wild  duck  or  ducks, 

17  black  sea  brant,  snipe,  curlew,  ibis,  plover,  rail,  or  other  shore 

18  bird  or  birds,  {Limicolee),  or  such  dove  or  doves,  knowing  the 

19  same  to  have  been  unlawfully  taken  or  killed. 

20  Sec.  2.     A  new  section  is  hereby  added  to  the  Penal  Code 

21  of  the  State  of  California,  to  be  numbered  six  hundred  and 

22  twenty-seven  c,  and  to  read  as  follows : 

23  627c.     No  person  shall  be  convicted  of  having  in  his  posses- 

24  sion  any  quail,  dove  or  doves,  sage-hen  or  sage-hens,  grouse, 

25  cotton-tail  or  bush  rabbit  or  rabbits,  wild  duck  or  ducks,  black 

26  sea  brant,  snipe,  curlew,  ibis,  plover,  rail,  or  other  shore  bird 

27  or  birds  {Limicolee,),  or  any  number  thereof,  unless  such  per- 

28  son  has  in  his  possession  such  quail,  dove,  sage-hen,  grouse, 

29  cotton-tail  or  bush  rabbit,  wild  duck,  black  sea  brant,  snipe, 

30  curlew,    ibis,    plover,    rail    or    other   shore    bird    {Limicolee), 

31  knowing  the  same  to  have  been  unlawfully  taken  or  killed,  or 

32  unless  such  person  then   and  there  is   hunting  or  pursuing 

33  game,  or  has  in  his  possession  any  gun,  trap  or  snare. 


(53) 


Sections   628,   635'/2,   and   636   refer  to   lobsters,   crawfish,   shrimps,   abalones. 

SENATE  BILL  No.  1015 

INTRODUCED  BY  SENATOR  BEBAN, 

Januaey  30,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  and  Twenty-eight,  Section  Six 
Hundred  and  Thirty-five  and  One  Half  and  Section 
Six  Hundred  and  Thirty-six  of  the  Penal  Code  of  the  State 
of  California,  All  Relating  to  the  Protection  and  Pres- 
ervation of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-eight  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows: 

4  628.     Every  person,  who,  between  the  fifteenth  day  of  Feb- 

5  ruary  and  the  fifteenth  day  of  September  of  each  year,  buys, 

6  sells,  takes,  catches,  kills,  or  has  in  his  possession  any  lobster  or 

7  crawfish  or  who  at  any  time  has  in  his  possession  any  lobster 

8  or  crawfish  of  less  than  nine  and  one  half  inches  in  length, 

9  measured  from  one  extremity  to  the  other,  exclusive  of  legs, 

10  claws  or  feelers  or  who  shall  at  any  time  pickle,  can,  or  other- 

11  wise  preserve  any  lobster,  crab,  or  crawfish  caught  or  taken  in 

12  the  waters  of  this  state,  or  who  shall  at  any  time  sell  any  crab, 

13  lobster  or  crawfish  meat  not  in  the  shell  of  such  crab,  lobster  or 

14  crawfish,  or  who  shall  bring  to  shore  any  part  or  portion  of  any 

15  lobster,  crab  or  crawfish,  without  the  remaining  portions  of 

16  said  lobster,  crab  or  crawfish  in  such  condition  that  the  size 

(54) 


1  of  such  lobster,  crab  or  crawfish  can  not  be  measured  is  guilty 

2  of  a  misdemeanor.     Every  person  who,  at  any  time  has  in  his 

3  possession  for  sale,  or  sells,  or  offers  for  sale  any  dressed  cat- 

4  fish  less  than  seven  inches  in  length  not  including  the  head, 

5  or  who  at  any  time  kills  or  has  in  his  possession  any  sturgeon 

6  of  less  than  twenty-five  pounds  in  weight,  or  who  between  the 

7  first  day  of  November  and  the  first  day  of  March  of  the  year 

8  following,  buys,  sells,  takes,  catches,  kills,  or  has  in  his  posses- 

9  sion,  any  crab,  or  who,  at  any  time,  buys,  sells,  offers  for  sale, 

10  takes,  catches,  kills,  or  has  in  his  possession  any  female  crab, 

11  or  any  crabs  which  shall  measure  less  than  seven  inches  across 

12  the  back,  or  any  person  who,  between  the  first  day  of  March 

13  aiid  the  first  day  of  July  of  any  year,  kills,  takes  or  catches  in 

14  the  waters  of  this  state  any  abalone  (Haliotis)  ;  or  who,  at  any 

15  time,  buys,  sells,  offers  for  sale,  takes,  catches,  kills  or  has  in 

16  his  possession,  any  abalone  (Haliotis)  known  to  commerce  as 

17  the  red  abalone  (Haliotis  rufescens) ,  less  than  seventeen  inches 

18  around  the  outer  edge  of  the  shell,  or  any  green  abalone  (Hali- 

19  otis  fulgens)  less  than  sixteen  inches  around  the  outer  edge  of 

20  the  shell,  or  any  pink  abalone   (Haliotis  corrngata)  less  than 

21  fourteen  inches  around  the  outer  edge  of  the  shell,  or  any  black 

22  abalone  (Haliotis  cr acker o die) ,  less  than  twelve  inches  around 

23  the  outer  edge  of  the  shell;  or  who,  by  whatever  means  what- 
2^  soever  takes,  or  catches  between  the  first  day  of  July  and  the 
25  twenty-eighth  day  of  February  the  red  abalone  (Haliotis 
*-'"  rufescens)  seventeen  inches  or  over  around  the  outer  edge  of 
2'  the  shell,  or  the  green  abalone  (Haliotis  fulgens)  sixteen  inches 

or  over  around  the  outer  edge  of  the  shell,  or  the  pink  abalone 


28 


2"  (Haliotis  corrugata)  fourteen  inches  or  over  around  the  outer 

30  edge  of  the  shell,  or  the  black  abalone  (Haliotis  cr acker odie) 

31  twelve  inches  or  over  around  the  outer  edge  of  the  shell  and 

32  does  not  bring  the  abalone  naturally  attached  to  the  shell  alive 

33  to  the  shore  above  high  water  mark,  or  who  kills  any  abalone 

34  (Haliotis)    of   lawful  size   other   than   for   food   purposes,   is 

35  guilty  of  a  misdemeanor ;  provided,  that  it  shall  at  all  times  be 

36  lawful  for  any  person  or  persons,  to  buy,  sell,  or  have  in  his 

37  possession  any  lobster  or  crawfish  of  not  less  than  nine  inches 

(55) 


1  in  length,  measured  from  one  extremity  to  the  other,  exclusive 

2  of  legs,  claws,  or  feelers,  or  any  abalone  caught  or  taken  with- 

3  out  the  waters  of  this  state,  and  bearing,  after  inspection,  such 

4  evidence  of  having  been  so  caught  or  taken  as  shall  be  hereafter 

5  prescribed  by  the  fish  and  game  commission ;   and  provided, 

6  f mother,  that  the  expense  of  such  inspection  shall  be  borne  by 

7  the  person  or  persons  importing  lobster  or  crawfish. 

8  Sec.  2.     Section  six  hundred  and  thirty-five  and  one  half  of 

9  the  Penal  Code  of  the  State  of  California  is  hereby  amended 

10  to  read  as  follows  : 

11  635^.     Every  person  who,  at  any  time,  shall  cast,  extend  or 

12  use  any  two-mesh  or  three-mesh  net  or  trammel  net  for  the 

13  catching   of   fish,   or   shell   fish   in   the   waters   of   this   state, 

14  (shrimps  excepted)    is  guilty  of  a  misdemeanor  and  all  the 

15  fines  imposed  and  collected  for  any  violation  of  any  of  the 

16  provisions  of  this  section  shall  be  paid  into  the  state  treasury 

17  to  the  credit  of  the  fish  and  game  preservation  fund. 

18  Sec.  3.     Section  six  hundred  and  thirty-six  of  the  Penal 

19  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

20  follows: 

21  636.     Every  person  who  shall  cast,  extend  or  use,  or  con- 

22  tinue,  or  who  shall  assist  in  casting,  extending",  using  or  con- 

23  tinuing  any  "bag  net,"  or  a  net  of  a  similar  character,  for  the 

24  catching  of  fish,  shell  fish  or  crabs  in  the  waters  of  this  state ; 
2&  every  person  who  shall  cast,  extend,  set,  use  or  continue,  or 
26  have  in  his  possession,  or  who  shall  assist  in  casting,  extending 
2'  or  using  "Chinese  sturgeon  lines,"  set  lines,  or  lines  of  a  sim- 
28  ilar  character;  every  person  who  shall  set,  use  or  continue,  or 
2"  shall  assist  in  setting,  using  or  continuing,. any  pond,  wire,  set 

30  net,  set  line,  trap  or  bag  net,  or  any  other  fixed  or  permanent 

31  contrivance  for  catching  fish,  shell  fish  or  crabs  in  the  waters  of 

32  this  state  (except  fyke  nets  without  wings  used  solely  for  the 

33  purpose   of   catching    catfish    above   tide   water    between   the 

34  fifteenth  day  of  July  and  the  fifteenth  day  of  June  in  the  year 

35  following)  and  every  net  shall  be  considered  a  set  net  that  is 
secured  in  any  way  and  not  free  to  drift  with  the  current  or 


36 


37      tide  is  guilty  of  a  misdemeanor,  and  is  punishable  by  a  fine 

(56) 


1  of  not  less  than  one  hundred  dollars,  or  by  imprisonment  in  the 

2  county  jail  in  the  county  in  which  the  conviction  shall  be  had 

3  not  less  than  fifty  days,  or  by  both  such  fine  and  imprisonment ; 

4  and  all  the  fines  imposed  and  collected  for  any  violation  of  any 

5  of  the  provisions  of  this  section  shall  be  paid  into  the  fish  and 

6  game    preservation    fund;    provided,    however,    that    nothing 

7  herein  contained  shall  prohibit  the  catching  of  shrimps  by  the 

8  appliance  known  as  the  "Chinese  shrimp  net." 

9  Sec.  4.     All  acts  and  parts  of  acts  in  conflict  with  this  act 

10  are  hereby  repealed. 

11  Sec.  5.     This  act  shall  take  effect  immediately. 


(..)<) 


New.     Upon   petition   of  any   citizen,    Fish    and    Game   Commission    can,  after   a 
hearing,  during  the  open  season,  close  the  season  on  any  game. 

SENATE  BILL  No.  1021 


INTRODUCED  BY  SENATOR  STROBRIDGE, 


January  30,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Grant  Additional  Powers  to  the  Fish  and  Game  Commission  of 
the  State  of  California  to  Protect  Fish,  and  Wild  Game 
Birds  and  Animals  in  Danger  of  Extermination,  and  to  Pro- 
vide for  the  Exercise  Thereof. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  .to  the  Penal 

2  Code  to  be  numbered and  to  read  as  follows: 

3  Any  citizen  of  the  state  may  file  with  the  commission  a 

4  petition  in  writing  requesting  it  to  give  any  species  of  fish, 

5  other  than  migratory  food  fish  of  the  sea,  or  game  protected 

6  by  law  additional  or  other  protection.     Such  petition  shall 

7  state  the  grounds  upon  which  such  protection  is  considered 

8  necessary,  and  shall  be  signed  by  the  petitioner  with  his  address. 

9  The  commission  shall  hold  a  hearing  in  the  fish  and  game  dis- 

10  trict  or  districts  to  be  affected  upon  the  allegations  of  such 

11  petition  within  twenty  days  from  the  filing  thereof.     At  least 

12  ten  days  prior  to  such  hearing  notice  thereof,  stating  the  time 

13  and  place  at  which  such  hearing  shall  be  held,  shall  be  adver- 

14  tised  in  a  newspaper  published  in  the  district  to  be  affected 

15  by   such   additional   or   other   protection.     Such  notice   shall 

16  state  the  name  and  address  of  the  petitioner,  together  with  a 

17  brief  statement  of  the  grounds  upon  which  such  application 

(58) 


1  is  made,  and  a  copy  thereof  shall  be  mailed  to  the  petitioner 

2  at  the  address  given  in  such  petition  at  least  ten  days  before 

3  such   hearing.     If  upon  such   hearing  the   commission   shall 

4  determine  that  such  species  of  fish  or  game,  by  reason  of 

5  disease,  danger  of  extermination,  or  from  any  other  cause  or 

6  reason,  requires  such  additional  or  other  protection,  in  any 

7  locality  or  throughout  the  state,  the  commission  shall  have 

8  power  to  prohibit  or  regulate,  during  the  open  season  therefor, 

9  the  taking  of  such  species  of  fish  or  game.     Such  prohibition  or 

10  regulation   may   be   made    general   throughout   the   state   or 

11  confined  to  a  particular  fish  or  game  district  thereof.     Any 

12  order  made  by  the  commission  under  the  provisions  of  this 

13  section  shall  be  signed  by  it,  and  entered  in  its  minute  book. 

14  At  least  twenty  days  before  such  prohibition  or  regulation 

15  shall  take  effect,  copies  of  the  same  shall  be  filed  in  the  office 

16  of  the  county  clerk  issuing  hunting  licenses  for  the  district  to 

17  which  the  prohibition  or  regulation  applies.     It  shall  be  the 

18  duty  of  said  clerks  to  issue  a  copy  of  said  prohibition  or  regu- 

19  lation  to  each  person  to  whom  a  hunting  license  is  issued  by 

20  them ;  to  mail  a  copy  of  such  prohibition  or  regulation  to  each 

21  holder  of  a  hunting  license  theretofore  issued  by  them  and  at 

22  that  time  in  effect,  and  to  post  a  copy  thereof  in  a  conspicuous 

23  place  in  their  office.     At  least  twenty  days  before  such  prohi- 

24  bition  or  regulation  shall  take  effect  the  commission  shall  cause 

25  a  notice  thereof  to  be  advertised  in  a  newspaper  published  in 

26  the  county  wherein  such  prohibition  or  regulation  shall  take 

27  effect.     Any  person  violating  the  provisions  of  such  prohibi- 

28  tion,  rule  or  regulation  shall  be  guilty  of  a  misdemeanor  and 

29  shall,  upon  conviction,  be  subject  to  a  fine  of  not  to  exceed  one 

30  hundred  dollars,  or  shall  be  imprisoned  for  not  more  than 

31  thirty  days,  or  both,  for  each  offense,  in  addition  to  the  pen- 

32  alties  hereinafter  provided  for  taking  fish,  birds  or  animals  in 

33  the  close  season. 


(59) 


Prevents  the   killing   of  any  game,  excepting   lions,  wild   cats  or  coyotes   in   the 
Cleveland   National  Forest,  San  Bernardino. 

SENATE  BILL  No.  1119 


INTRODUCED  BY  SENATOR  ANDERSON, 
January  30,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Prevent  the  Destruction  of  Wild  Game  Within  Certain  Ter- 
ritory Lying  Within  the  Boundaries  of  the  Cleveland 
National  Forest,  in  the  State  of  California,  and  Provid- 
ing a  Penalty  Therefor. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Every  person  who  shall  hunt,  pursue,  kill  or 

2  destroy  any  wild  game  of  any  kind  within  that  certain  terri- 

3  tory  embraced  in  the  Cleveland  national  forest,  more  particu- 

4  larly  described  as  follows,  to  wit  i  ' '  The  east  one  half  of  town- 

5  ship    five   south,    range   seven   west;    all   of   township   seven; 

6  all  of  township  five  south,  range  six  west,  except  sections  one, 

7  two,  three,  four,  ten,  eleven  and  twelve ;  all  of  township  six 

8  south,    range    five    west;    all    in    San    Bernardino    base    and 

9  meridian,  in  the  State  of  California,"  is  guilty  of  a  misde- 

10  meanor,  and  upon  conviction  shall  be  punished  by  a  fine  of  not 

11  less  than  one  hundred,  nor  more  than  five  hundred  dollars,  or 

12  by  imprisonment  in  the  county  jail  of  the  county  in  which  the 

13  conviction  shall  be  had,  not  less  than  fifty  days  nor  more  than 

14  two  hundred  days,  or  by  both  such  fine  and  imprisonment. 

15  Sec.  2.     The  provisions  of  this  act  shall  not  apply  to  the 

16  hunting,  pursuing,  killing  or  destroying  of  California  lions, 

17  wild-cats  or  coyotes  under  a  permit  therefor  issued  by  the  fish 

18  and  game  commission  of  California. 

(GO) 


Prohibits   the   baiting   of   duck   ponds. 


SENATE  BILL  No.  1174 

INTRODUCED  BY  SENATOR  FLINT, 
January  31,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  act 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Cali- 
fornia, to  Be  Numbered  Six  Hundred  Twenty-six  q,  Relat- 
ing to  the  Feeding  or  Baiting  of  Wild  Ducks  or  Other 
Wild  Birds. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal  Code 

2  of  the  State  of  California,  to  be  numbered  six  hundred  twenty- 

3  six  q  and  to  read  as  follows : 

4  626q.     Every  person  who  places  any  feed  or  bait  on  or  near 

5  any  pond  or  water  course,  with  the  intent  to  feed  or  entice  any 

6  wild  ducks  or  other  wild  birds  for  the  purpose  of  killing  the 

7  same,  is  guilty  of  a  misdemeanor. 


(61) 


Pismo  clams.  Reduces  size  of  Pismo  clam  to  eight  and  one  half  inches.  Pro- 
hibits sale  of  Pismo  clam  meat  not  in  shell.  Makes  a  ciosed  season  on  all 
varieties  of  clams. 


SENATE  BILL  No.  1175 

INTRODUCED  BY  SENATOR  FLINT, 
January  31,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Twenty-eight  f  of  the  Penal  Code, 
Relating  to  the  Protection  of  Clams. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty-eight  /  of  the  Penal 

2  Code  is  hereby  amended  to  read  as  follows : 

3  628/.     Every  person  who  takes,  gathers,  catches,  or  has  in 

4  his  possession,  any  clam,  known  as  the  Pismo  clam   (Tivela 

5  stultorum),  which  shall  measure  less  than  eight  and  one  half 

6  inches  around  the  outer  edge  of  the  shell ;  or  who,  during  any 

7  one  calendar  day,  takes,  gathers,  catches,  or  has  in  his  posses- 

8  sion,  more  than  two  hundred  of  said  clams;  or  who  shall,  at 

9  any  time,  sell  or  offer  for  sale  any  Pismo  clam  meat  not  in  the 

10  shell  of  such  Pismo  clam ;  or  who  shall  bring  to  shore  any  Pismo 

11  clam  in  such  condition  that  the  size  of  such  Pismo  clam  can  not 

12  be  measured ;  or  who,  between  the  first  day  of  May  and  the  first 

13  day  of  October  in  any  year,  takes,  gathers,  catches,  or  has  in 

14  his  possession  any  variety  of  clam,  shall  be  guilty  of  a  mis- 

15  demeanor. 


((52) 


New.     Prohibits  use  of  lompara  net  and  paranzella  net. 

SENATE  BILL  No.  1176 

INTRODUCED  BY  SENATOR  FLINT, 
January  31,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Cali- 
fornia, to  Be  Numbered  Six  Hundred  Thirty-six  and  One 
Half,  to  Prevent  the  Use  or  Possession  of  Lompara  Nets 
and  Paranzella  Nets,  and  Providing  the  Penalty  There- 
for. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal 

2  Code  of  the  State  of  California,  to  be  numbered  six  hundred 

3  and  thirty-six   and   one   half,   to   read   as   follows : 

4  636J.     Every  person  who  shall  cast,  extend,  set,  draw,  use, 

5  or  continue,  or  have  in  his  possession,  any  lompara  net  or  any 

6  paranzella  net,  for  catching  fish,  shell-fish,  shrimp,  or  crabs, 

7  in  the  waters  of  this  state,  is  guilty  of  a  misdemeanor,  and 

8  is  punishable  by  a  fine  of  not  less  than  two  hundred  and  fifty 

9  dollars,  or  by  imprisonment  in  the  county  jail  in  the  county 

10  in  which  the  conviction  shall  be  had,  not  less  than  one  hundred 

11  and  twenty-five  days,  or  by  both  such  fine  and  imprisonment; 

12  and  all  the  fines  imposed  and  collected  for  any  violation  of 

13  any  of  the  provisions  of  this  section  shall  be  paid  into  the  fish 

14  and  game  preservation  fund. 


(63) 


Permits  the  use  of  two-mesh,  three-mesh  or  trammel  nets  with  six  and  one  half- 
inch  mesh,  on  fish,  shellfish,  shrimps  or  crabs. 

SENATE  BILL  No.  1177 


INTRODUCED  BY  SENATOR  FLINT, 
January  31,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Thirty-six  of  the  Penal  Code, 
Relating  to  Unlawful  Nets  and  Lines. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  thirty-six  of  the  Penal 

2  Code  is  hereby  amended  to  read  as  follows : 

3  636.     Every  person  who  shall  cast,  extend,  use,  or  continue, 

4  or  who  shall  assist  in  casting,  extending,  using,  or  continuing, 

5  any  "Chinese  shrimp  or  bag-net,"  or  a  net  of  similar  charac- 

6  ter,  for  the  catching  of  fish,  shellfish,  shrimp,  or  crabs,  in  the 

7  waters  of  this  state;  every  person  who  shall  cast,  extend,  set, 

8  use,  or  continue,  or  have  in  his  possession,  or  who  shall  assist 

9  in  casting,  extending,  or  using  "Chinese  sturgeon  lines,"  set 

10  lines,  or  lines  of  a  similar  character;  every  person  who  shall 

11  set,  use,  or  continue,  or  shall  assist  in  setting,  using,  or  con- 

12  tinuing,    any   pound,    weir,   set-net,    set-line,    trap,    "Chinese 

13  shrimp   or  bag-net,"  or   any  other  fixed  or  permanent   con- 

14  trivance  for  catching  fish,  shellfish,  shrimp,  or  crabs,  in  the 

15  waters  of  this  state,  except  fyke  nets,  without  wings,  used 

16  solely  for  the  purpose  of  catching  catfish,  above  tidewater, 

17  between  the  fifteenth  day  of  July  and  the  fifteenth  day  of 


(64) 


1  June  in  the  year  following,  and  except  two-mesh  or  three-mesh 

2  or  trammel   nets,   the   mesh   of  which,   when   drawn   closely 

3  together   and   measured   inside   the  knot,   shall  measure  not 

4  less  than  six  and  one  half  inches,   and  used  not  less  than 

5  one  mile  from  the  shore  of  any  bay, — and  every  net  shall 

6  be  considered  a  set-net  that  is  secured  in  any  way  and  not  free 

7  to  drift  with  the  current  or  tide, — is  guilty  of  a  misdemeanor, 

8  and  is  punishable  by  a  fine  of  not  less  than  one  hundred  dollars, 

9  or  by  imprisonment  in  the  county  jail,  in  the  county  in  which 

10  the  conviction  shall  be  had,  not  less  than  fifty  days,  or  by  both 

11  such  fine  and  imprisonment ;  and  all  fines  imposed  and  collected 

12  for  any  violation  of  any  of  the  provisions  of  this  section  shall 

13  be  paid  into  the  fish  and  game  preservation  fund. 


(65) 
5—3873 


Prohibits   hunting   or  killing   at  any  time   of  doves,  wood   duck,  plover,  curlew, 

and  shore  birds. 


SENATE  BILL  No.  1190 

INTRODUCED  BY  SENATOR  BREED, 
January  31,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  Section  Six  Hundred  Twenty-six  a  of  the  Penal  Code 
of  the  State  of  California,  Relating  to  the  Preservation 
and  Protection  of  Wild  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty-six  a  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows : 

4  626a.     Every  person  who  at  any  time  hunts,  pursues,  takes, 

5  kills,  or  destroys,  or  has  in  his  possession  any  dove,  wood  duck, 

6  ibis,  and  any  shore  birds   (Limicolce)   including  stilta,  sand- 

7  pipers,  dunlins,  willets,  plovers,  curlew,  killdeers,  and  oyster- 

8  catchers,  or  rail,  or  wild  pigeon,  is  guilty  of  a  misdemeanor. 


(00) 


Provides  regulations  for  shipping  into  this  State  from  any  other  State  of  fresh 
salmon,  fresh  steelhead  trout  or  live  crabs  during  the  closed  season  in  this 
State. 

SENATE  BILL  No.  1204 


INTRODUCED  BY  SENATOR  FINN, 
January  31,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  and  Thirty-seven  b  of  the  Penal 
Code  of  the  State  of  California,  Relating  to  Imported 
Fish  and  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  6376  of  the  Penal  Code  of  the  State 

2  of  California  is  hereby  amended  to  read  as  follows: 

3  6376.     The  provisions  of  this  chapter  prohibiting  any  per- 

4  son  from  having  in  his  possession  any  fish  or  game  or  parts 

5  thereof  at  any  time,  or  during  the  seasons  herein  specified, 

6  shall,  unless  express  provisions  be  made  herein  to  the  con- 

7  trary,  apply  to  all  such  fish  or  game  or  parts  thereof,  whether 

8  the  said  fish  or  game  or  the  fish  or  game  from  which  the 

9  parts  were  taken  were  caught  or  killed  in  the  State  of  Cali- 

10  fornia,  or  the  said  fish  or  game  or  parts  thereof  were  shipped 

11  into   this   state   from   any   other  state,   territory   or   foreign 

12  country,  except  that  when  any  fresh  salmon  or  fresh  steel- 

13  head  trout  or  live  crabs  are  shipped  into  this  state  from  any 

14  other    state,    territory,    district    or    foreign    country,    during 

15  the   closed   season   in   this   state   for  such   salmon,   steelhead 


(67) 


1  trout  or  crabs  the  same  shall  be  accompanied  by  an  invoice 

2  in  duplicate  showing  the  name  and  address  of  the  consignor 

3  and  consignee,  together  with  the  specific  number  and  pounds 

4  in  weight  of  such  salmon,  steelhead  trout  or  crabs.     Upon 

5  receiving  any  sueh  consignment  of  fish  or  shell  fish  the  con- 

6  signee  shall  forthwith  transmit  to  the  fish  and  game  com- 

7  mission  the  invoice  as  herein  provided,  and  no  wholesale  or 

8  retail  dealer  in  fish,   or  other  person,   shall  have  any  such 

9  imported  fish  or  shell  fish  in  their  possession  without,  the 
10  invoice  or  a  copy  thereof  as  herein  provided. 


<•«) 


Provides  license  and  regulations  for  market  hunters.  Must  give  bond  of  $500 
and  make  affidavit  when  applying  for  license.  Make  written  report  each 
month;  wholesale  dealer  and  common  carrier  also  make  monthly  report. 
Infractions  of  the  law  cause  forfeiture  of  license  for  five  years. 

SENATE  BILL  No.  1337 


INTRODUCED  BY  SENATOR  HANS, 
February  1,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN ,  ACT 

To  Regulate  and  License  the  Vocation  of  Hunting  Wild  Game 
Birds  and  Animals  and  to  Provide  Therefrom  Revenue  for 
Game  Preservation  and  Restoration. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Every  person  engaged  or  employed  in  the  voca- 

2  tion  of  hunting  wild  game  birds  or  animals  for  profit  within 

3  the  State  of  California  must  first  obtain  a  license  before  engag- 

4  ing  in  such  vocation. 

5  Sec.  2.     Every  person  engaged  in  the  vocation  of  hunting 

6  wild  game  birds  or  animals  for  profit  shall  make  application  to 

7  the  fish  and  game  commissioners  upon  blanks  furnished  by  the 

8  commissioners,  giving  the  name  of  the  applicant,  his  resident 

9  address,  his  description  by  age,  height,  nationality,  color  of 

10  eyes  and  hair,  and  the  location  of  his  hunting  grounds.     Said 

11  application  shall  also  contain  an  affidavit  stating  that  the  appli- 

12  cant  is  familiar  with  the  laws  for  the  preservation  of  fish  and 

13  game  of  the  State  of  California;  that  he  has  not  heretofore 

14  violated  any  of  the  said  laws;  that  he  has  never  had  any  hunt- 

15  ing  license  revoked ;  and  that  he  will  uphold  and  comply  with 

16  the  said  laws  and  the  bag  limits  therein  specified.     Said  afifida- 

17  vit  must  be  sworn  to  before  an  officer  authorized  to  administer 

18  oaths ;  and  must  be  accompanied  by  a  bond  in  the  sum  of  five 

(69) 


1  hundred  dollars,  signed  by  the  principal  and  some  responsible 

2  sureties,   guaranteeing  full   and  faithful   compliance  by   the 

3  principal  with  all  of  the  laws  for  the  preservation  of  fish  and 

4  game,  and  the  bag  limits  therein  specified. 

5  Sec.  3.     If  upon  examination  of  the  application  it  is  found 

6  that  the  said  applicant  has  not  been  convicted  of  any  violation 

7  of  the  laws  for  the  preservation  of  fish  and  game,  and  that  he 

8  has  had  no  hunting  license  revoked  during  the  five  years  next 

9  preceding  his  application ;  and  if  his  bond  is  found  satisfactory 

10  and  approved;  then  the  board  of  fish  and  game  commissioners 

11  may  issue  the  said  license  to  the  said  applicant.     They  shall 

12  also  deliver  to  the  said  applicant  a  bound  copy  of  the  laws  for 

13  the  preservation  of  fish  and  game  of  the  State  of  California, 

14  and  a  sufficient  number  of  monthly  report  blanks. 

15  Sec.  4.     The  controller  of  the  state  shall  prepare  suitable 

16  licenses,  of  the  classes  designated  by  the  fish  and  game  com- 

17  missioners,  which  shall  purport  to  license  the  holder  thereof 

18  to  hunt,  pursue,  or  kill  wild  game  birds  or  animals  within  the 

19  State  of  California,  in  accordance  with  the  laws  of  said  state, 

20  for  the  term  of  one  year  from  the  first  day  of  April  of  one 

21  year  to  the  first  day  of  April  of  the  year  following.     The 

22  licenses  shall  be  numbered  consecutively  beginning  with  num- 

23  ber  one;    shall  be  marked  with  the  words  "market  hunter" 

24  together  with  the  name  and  description  of  the  holder  as  given 

25  in  the  application.     On  the  reverse  side  shall  be  shown  in  a 

26  concise  manner  the  bag  limits  and  open  seasons  on  game.     The 

27  controller  shall  sign  all  licenses  and  deliver  the  same  to  the 

28  fish  and  game  commissioners,  on  demand,  who  shall  be  charged 

29  for  the  same  by  the  controller.     Each  license,  before  delivery 

30  to  the  applicant  for  a  license,  must  be  countersigned  by  the 

31  president  of  the  board  of  fish  and  game  commissioners,  and 

32  the  president  of  the  board  of  fish  and  game  commissioners  shall 

33  execute  a  bond  to  the  people  of  the  state  of  California,  in  the 

34  sum  of  two  thousand  dollars,  for  the  faithful  performance  of 

35  the  duties  imposed  upon  him  by  this  act. 

36  Sec.  5.  Each  and  every  person  engaged  or  employed  in  the 

37  vocation  of  hunting  wild  game  birds  or  animals  for  profit  shall 


(70) 


1  furnish  to  the  board  of  fish  and  game  commissioners  at  their 

2  office,  by  mail  or  otherwise,  not  later  than  the  fifth  day  of  each 

3  and  every  month,  a  written  report,  in  the  English  language, 

4  upon  the  blanks  furnished  by  the  said  commissioners,  show- 

5  ing  by  this  report  the  kind,  and  number  of  each  kind,  of  wild 

6  game  birds  or  animals  killed  by  him  on  each  day  of  the  pre- 

7  ceding  month ;  giving  the  day  and  date ;  the  quantity  or  num- 

8  ber  of  each  kind  shipped  or  sold  each  day  and  to  whom  shipped. 

9  Sec.  6.     Licenses  shall  be  issued  and  delivered  upon  applica- 

10  tion  to  the  state  board  of  fish  and  game  commissioners.     The 

11  licenses  herein  provided  for  shall  be  issued  as  follows:     To 

12  any  citizen  of  the  United  States  upon  payment  of  two  and 

13  one-half   ($2.50)    dollars.     No  license  shall  be  issued  to  any 

14  person  not  a  citizen  of  the  United  States.    Not  more  than  one 

15  license  shall  be  issued  to  any  one  person  for  the  same  year, 

16  except  upon  an  affidavit  that  the  one  issued  has  been  lost  or 

17  destroyed,  and  no  license  issued  as  herein  provided  shall  be 

18  transferable  or  used  by  any  other  person  than  the  one  to 

19  whom  it  was  issued.    Every  person  having  a  license  as  herein 

20  provided,  must  carry  the  same  upon  his  person  at  all  times 

21  when  in  the  pursuit  of  game  birds  or  animals  and  refusal  to 

22  exhibit   such   license   upon    demand   of    any   officer   or  game 

23  warden  authorized  to  enforce  the  laws  for  the  preservation  of 

24  fish  and  game  of  this  state,  or  any  peace  officer  of  this  state; 

25  or  who  transfers  or  disposes  of  the  same  to  another  person ;  or 

26  who  kills  any  wild  game  birds  or  animals  in  excess  of  the 

27  established  bag  limits;  or  who  in  any  manner  violates  any  of 

28  the  laws  for  the  preservation  of  fish  and  game  of  this  state, 

29  shall  forfeit  this  license  and  shall  thereby  forfeit  any  and  all 

30  right  to  have  issued  to  him  such  a  license  as  herein  provided 

31  for  a  period  of  five  years. 

32  Sec.  7.     Any  person,  who,  under  the  provisions  of  this  act 

33  has  forfeited  his  hunting  license,  and  who  by  use  of  a  fictitious 

34  name  or  by  fraud  and  deceit  procures  or  has  issued  to  him 

35  by  the  board  of  fish  and  game  commissioners  or  any  of  its 

36  agents  or  representatives,  another  such  license  as  herein  pro- 
3T  vided,  is  guilty  of  a  misdemeanor.     Any  person,  who,  under 


(71) 


1  the  provisions  of  this  act  has  been  granted  a  license  as  by  this 

2  act  provided,  and  who  ships  any  wild  game  birds  or  animals 

3  under  a  fictitious  name,  or  as  purporting  to  have  been  killed 

4  by  and  thus  being  owned  by  any  other  person;  or  who  makes 

5  any  false  report  upon  the  blanks  as  in  this  act  specified,  with 

6  intent  to  deceive,  is  guilty  of  a  misdemeanor. 

7  Sec.  8.     Every  wholesale   dealer   in   wild   game  birds    or 

8  animals,  shall,  not  later  than  the  fifth  day  of  each  and  every 

9  month,  send  to  the  office  of  the  board  of  fish  and  game  com- 

10  missioners  of  this  state  a  report  in  the  English  language,  on 

11  blanks  provided  by  the  said  commissioners,  showing  the  kind, 

12  and  the  number  of  each  kind  of  wild  game  birds  or  animals 

13  received  by  him  on  each  day  of  the  preceding  month,  giving 

14  the  day  and  date,  the  name  and  address  of  the  party  or  parties 

15  sending  them,  and  the  name  of  the  common  carrier  by  whom 

16  transported. 

17  Sec.   9.     Each   common  carrier,   express   or  transportation 

18  company,  and  each  agent  of  such  common  carrier,  express  or 

19  transportation    company    in   the    State     of     California;    who 

20  receives  any  wild  game  birds  or  animals  for  transportation 

21  from  any  point  on  its  line  to  another  point,  shall  not  later 

22  than  the  fifth   day  of  each  and  every  month,   send  to  the 

23  office  of  the  board  of  fish  and  game  commissioners  of  the  State 

24  of  California,  a  report,  on  the  blanks  furnished  by  the  said 

25  commissioners,  showing  the  kind,  and  the  number  of  each  kind 

26  of  wild  game  birds  and  animals  received  by  him  and  trans- 

27  ported  over  the  lines  of,  or  by  the  common  carrier,  express 

28  or  transportation  company  by  whom  he  is  employed,  during 

29  the  preceding  month,  giving  the  day  and  date,  the  name  and 

30  address  of  the  shipper;   and  the  name  and  address  of  the 

31  party  or  parties  to  whom  the  said  wild  game  birds  or  ani- 

32  mals  were  delivered. 

33  Sec.  10.     The  board  of  fish  and  game  commissioners  of  the 

34  State  of  California  shall  prepare  suitable  blanks  and  reports 

35  so  as  to  comply  with  the  provisions  of  this  act,  and  shall 

36  distribute  them  to  all  hunters,  dealers  in  game  birds  or  ani- 

37  mals,  and  to  all  agents  of  common  carriers,  express  and  trans- 


(72) 


1  portation  companies  in  the  State  of  California  as  is  in  this 

2  act  provided,  and  shall  use  all  efforts  to  carry  out  the  pro- 

3  visions  of  this  act.    They  shall  also  each  year  in  January  issue 

4  a  report  giving  the  statistics  showing  the  number  of  hunting 

5  licenses  issued  under  this  act  and  the  number  and  kinds  of 

6  game  birds   and  animals  killed  by  the  licensees  under  this 

7  act.     Each  of  the  commissioners  and  such  person  or  persons 

8  designated  by  them,  is  and  are  hereby  empowered  to  arrest 

9  any  person  hunting  wild  game  birds  or  animals  without  a 

10  license,  contrary  to  the  provisions  of  section  one  of  this  act. 

11  Sec.  11.     The  said  license  fees  must  be  paid  to  the  fish  and 

12  game  commissioners,  or  to  some  one  designated  by  them  for 

13  that  purpose. 

14  Sec.    12.     The   money   collected   from  the   sale    of    such 

15  licenses  shall  be  paid  by  the  board  of  fish  and  game  commis- 

16  sioners  into  the  state  treasury  to  the  credit  of  the  fish  and 

17  game  preservation  fund. 

18  Sec.    13.     The   violation   of   any  provision   of   this   act   is 

19  hereby    declared    to    be    a    misdemeanor,    and    every   person 

20  violating  any  of  its  provisions,  shall,  upon  conviction  thereof, 

21  be  fined  in  a  sum  not  less  than  twenty  nor  more  than  five  hun- 

22  dred  dollars,  or  by  imprisonment  in  the  county  jail  for  a  term 

23  of  not  less  than  ten  nor  more  than  one  hundred  days,  or  by  both 

24  such  fine  and  imprisonment ;  and  all  fines  collected  for  any  vio- 

25  lation  of  any  of  the  provisions  of  this  act  shall  be  paid  into  the 

26  state  treasury  to  the  credit  of  the  fish  and  game  preservation 

27  fund. 

28  Sec.  14.     All  acts  or  parts  of  acts  in  conflict  with  this  act 

29  are  hereby  repealed. 


(73) 


Changes   Civil    Code   defining   the  ownership   of   wild   animals  while    living,   by 
cutting  out  the  words,  "when  on  the  land  of  the  person  claiming  them." 


SENATE  BILL  No.  1362 

INTRODUCED  BY  SENATOR  CASSIDY, 
February  1,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  Section  Six  Hundred  and  Fifty-six  of  the  Civil  Code 
of  the  State  of  California,  Relating  to  the  Ownership 
of  Wild  Animals  While  Living. 

The  people  of  the  State  of  California  do  enact  as  folloivs : 

1  Section  1.    Section  six  hundred  fifty-six  of  the  Civil  Code 

2  of  the  State  of  California  is  hereby  amended  so  as  to  read  as 

3  follows : 

4  656.  Animals  wild  by  nature  are  the  subjects  of  ownership, 

5  while  living,  only  when  tamed,  or  taken  and  held  in  possession, 

6  or  disabled  and  immediately  pursued. 


(74) 


IDENTICAL  WITH   ASSEMBLY   BILL  NO.   1428. 

Changes  "hunting  license"  to  "hunting  and  fishing  license."  This  makes  a 
license  necessary  in  order  to  fish  or  angle  for  trout.  The  license  being  good 
for  both  hunting  and  fishing,  will  put  a  tax  on  those  who  do  not  hunt  but 
who  catch  trout,  and  who  at  present  pursue  the  sport  of  trout  fishing  with- 
out contributing  anything  to  the  expense  of  propagating  trout.  Also  allows 
issuance  of  licenses  to  persons  under  fifteen  years  on  payment  of  ten  cents; 
also  provides  a  tag  system  on  deer;  also  compels  person  taking  out  a  license 
to  make  a  contract  with  the  State  agreeing  to  exhibit  any  game  in  his 
possession  to  a  regularly  appointed  Fish  and  Game  Commission  deputy; 
also  legalizes  the  ten  per  cent  commission  paid  county  clerks. 

SENATE  BILL  No.  1421 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 


February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  act 

To  Amend  an  Act  Entitled  "An  Act  to  Regulate  or  License  the 
Hunting  of  Wild  Birds  and  Animals  and  to  Provide  Revenue 
Therefrom  for  Game  and  Fish  Preservation  and  Restora- 
tion," Approved  March  22,  1909. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  one  of  an  act  to  regulate  and  license  the 

2  hunting  of  wild  birds  and  animals  and  to  provide  revenue 

3  therefrom   for   game   and   fish   preservation   and   restoration 

4  approved  March  22,  1909,  is  hereby  amended  to  read  as  follows : 

5  Section  1.     Every  person  in  the  State  of  California,  who 

6  hunts,  pursues  or  kills,  any  of  the  wild  birds  or  animals,  except- 

7  ing  predatory  birds  or  animals,  or  who  takes,  catches,  or  kills, 

8  any  trout  with  hook  and  line  and  in  the  manner  commonly 

(75) 


1  known  as  angling,  without  first  procuring  a  license  therefor,  as 

2  provided  in  this  act  is  guilty  of  a  misdemeanor. 

3  Sec.  2.     Section  two  of  an  act  to  regulate  and  license  the 

4  hunting  of  wild  birds  and  animals  and  to  provide  revenue 

5  therefrom   for   game    and   fish   preservation   and   restoration 

6  approved  March  22,  1909,  is  hereby  amended  to  read  as  follows : 

7  Section  2.     Licenses  granting  the  privilege  to  hunt,  pursue, 

8  or  kill  wild  birds  or  animals  and  to  take,  catch,  and  kill  trout 

9  with  hook  and  line  and  in  the  manner  commonly  known  as 

10  angling,  shall  be  issued  and  delivered  upon  application  by  the 

11  county  clerk  of  any  of  the  counties  of  this  state,  or  by  the  state 

12  board  of  fish  commissioners,  who  shall  prepare  suitable  licenses 

13  of  convenient  form  and  size,  and  have  printed  or  stamped 

14  thereon  the  words:  "Hunting  and  fishing  license  No. , 

15  State  of  California,  expires  June  30,  19__"  with  the  registra- 

16  tion  number,  and  appropriate  year  printed  or  stamped  thereon, 

17  which  said  license  shall  be  prepared  and  furnished  to  the 

18  county  clerk,  and  for  their  own  disposition,  by  the  state  board 

19  of  fish  commissioners,  which  board  shall  take  receipt  therefor 
by  number  and  quantity,  from  the  several  county  clerks,  and 


20 


21  the  county  clerk  shall  be  responsible  therefor  and  shall  account 

22  for  the  same  to  the  controller  of  the  state  every  three  months, 

23  beginning  with  July  first  of  each  j^ear.    For  each  license,  sold, 

24  registered  and  accounted  for  by  any  person  excepting  by  a  fish 

25  and  game  commissioner,  he  shall  be  allowed  as  compensation 

26  out  of  the  game  preservation  fund,  ten  per  cent  of  the  amount 
2^  accounted  for. 

on 

Sec.  3.     Section  three  of  an  act  to  regulate  and  license  the 
hunting  of  wild  birds  and  animals  and  to  provide  revenue 

on 

therefrom   for   game    and   fish   preservation   and   restoration 

31      approved  March  22,  1909,  is  hereby  amended  to  read  as  follows : 

Section  3.     Licenses  herein  provided  for  shall  be  issued  as 

33  follows : 

34  First — To  any  citizen  of  the  United  States  over  the  age  of 

35  fifteen  years  who  is  a  bona  fide  resident  of  the  State  of  Cali- 

36  fornia,  upon  the  payment  of  one  dollar. 

37  Second — To  any  citizen  of  the  United  States  over  the  age  of 

(76) 


1  fifteen  years,  not  a  bona  fide  resident  of  the  State  of  California, 

2  upon  the  payment  of  ten  dollars. 

3  Third — To  any  person  not  a  citizen  of  the  United  States  over 

4  the  age   of  fifteen  years,   upon  the  payment  of  twenty-five 

5  dollars. 

6  Fourth — To  any  person  under  the  age  of  fifteen  years,  upon 

7  the  payment  of  ten  cents. 

8  Sec.  4.     Section  four  of  an  act  to  regulate  and  license  the 

9  hunting  of  wild  birds  and  animals  and  to  provide  revenue 

10  therefrom   for   game    and   fish   preservation    and   restoration 

11  approved  March  22, 1909,  is  hereby  amended  to  read  as  follows : 

12  Section  4.     Every   person   applying   for   and   procuring   a 

13  license  as  herein  provided,  shall  furnish  to  the  county  clerk 

14  and   state   board   of   fish   commissioners,   his   name,   resident 

15  address,  which  information  shall  be  by  the  clerk  or  board 

16  entered  in  a  book  kept  for  that  purpose,  and  provided  by  the 

17  state  board  of  fish  commissioners,  together  with  a  statement 

18  of  the  date  of  issuance  and  the  number  of  the  license  issued  to 

19  such  person.     Such  applicant  shall  also  furnish  to  the  county 

20  clerk  or  fish  commissioner  a  written  description  of  himself,  by 

21  age,  height,  nationality,  and  color  of  eyes  and  hair. 

22  Sec.  5.     Section  five  of  an  act  to  regulate  and  license  the 

23  hunting  of  wild  birds  and  animals  and  to  provide  revenue 

24  therefrom   for   game   and   fish   preservation   and  restoration 

25  approved  March  22, 1909,  is  hereby  amended  to  read  as  follows : 

26  Section  5.     All  licenses  issued  as  herein  provided  shall  be 
2  1  valid,  and  shall  authorize  the  person  to  whom  issued  to  hunt, 

pursue,  and  kill  wild  game  and  animals,  excepting  predatory 
birds  and  animals,  and  take,  catch,  and  kill  trout  with  hook 
and  line  in  the  manner  commonly  known  as  angling,  on  and 

31  from  the  first  day  of  July  of  the  year  in  which  such  license 

32  is  issued,   until  the   date  of  expiration  written  or  stamped 

33  thereon,  but  no  license  shall  continue  in  force  for  a  period  longer 

34  than  one  year,  nor  shall  such  license  be  issued  to  any  person  un- 

35  less  the  holder  thereof  shall  agree  to  exhibit  any  fish  or  game  in 

36  his  possession  to  any  regular  appointed  deputy  fish  and  game 
3?  commissioner  upon  demand,  said  agreement  to  be  contained  in 


(77) 


28 
29 
30 


1  said  license.    Every  person  violating  any  of  the  provisions  of 

2  this  section  is  guilty  of  a  misdemeanor. 

3  Sec.  6.     Section  six  of  an  act  to  regulate  and  license  the 

4  hunting  of  wild  birds  and  animals  and  to  provide  revenue 

5  therefrom   for   game    and   fish   preservation   and   restoration 

6  approved  March  22, 1909,  is  hereby  amended  to  read  as  follows : 

7  Section  6.     All  moneys  collected  from  licenses  and  provided 

8  herein  and  all  fines  and  forfeitures  imposed  and  collected  for 

9  the  violation  of  any  of  the  provisions  hereof,  shall  be  paid  into 

10  the  state  treasury  and  credited  to  the  fish  and  game  preserva- 

11  tion  fund. 

12  Sec.  7.     Not  more  than  one  license  shall  be  issued  to  any 

13  one  person  for  the  same  fiscal  year,  except  upon  an  affidavit  by 

14  the  applicant  that  the  one  issued  has  been  lost  or  destroyed, 

15  and  no  license  issued  as  herein  provided  shall  be  transf errable 

16  or  issued  by  any  other  person  than  the  one  to  whom  it  was 

17  issued. 

18  Sec.  8.     Section  eight  of  an  act  to  regulate  and  license  the 

19  hunting  of  wild  birds  and  animals  and  to  provide  revenue 

20  therefrom   for   game    and   fish   preservation   and   restoration 

21  approved  March  22, 1909,  is  hereby  amended  to  read  as  follows : 

22  Section  8.     Every  person  having  a  license  as  provided  herein 

23  who  while  hunting  refuses  to  exhibit  such  license  upon  demand 

24  of  any  officer  authorized  to  enforce  the  game  and  fish  laws  of 

25  this  state,  or  any  peace  officer  of  the  state,  shall  be  guilty  of  a 

26  misdemeanor. 

27  Sec.  9.     All  licenses  as  herein  provided  shall  have  attached 

28  two  deer  tags,  each  tag  to  be  in  duplicate  and  each  tag  bearing 

29  a  number  corresponding  to  the  number  of  the  license  to  which 

30  said  coupons  are  attached  and  all  coupons  shall  be  signed  by 

31  the  holder  of  said  license  at  the  time  of  the  issuance  thereof ; 

32  two  of  said  tags  shall  be  marked  "Deer  tag"  one  of  which  shall 

33  be  attached  to  the  shin  of  the  deer  immediately  after  it  is 

34  killed,  two  of  said  tags  shall  be  marked  "Record  tag"  which 

35  tag  is  a  duplicate  of  the  tag  attached  to  the  shin  of  said  deer 

36  and  must  within  ten  days  after  the  killing  of  said  deer  be 

37  mailed  to  the  fish  and  game  commission,  San  Francisco,  with  the 


(78) 


1  postage  thereon  prepaid;  said  tags  to  contain  a  space  for  the 

2  date  when  said  deer  was  killed  or  taken  and  the  place  and 

3  county  in  which  said  deer  was  killed  or  taken  which  must  be 

4  -    filled  out  by  the  person  killing  or  taking  said  deer;  or  every 

5  person  who  hunts,  pursues,  takes  or  kills  any  deer  after  such 

6  tags  have  been  used;  or  every  person  who  makes  any  false 

7  statement  as  to  any  facts  required  by  the  fish  and  game  com- 

8  mission  before  a  license  can  be  issued  or  who  makes  any  false 

9  statement  as  to  any  facts  required  as  to  the  taking  or  killing 

10  of  any  deer  is  guilty  of  a  misdemeanor.     Said  tag  shall  be 

11  attached  to  the  hide  of  said  deer  for  a  period  of  sixty  days 

12  after  the  taking  of  said  deer  and  every  person  who  has  in  his 

13  possession  any  fresh  deer  hide  not  having  a  tag  attached  thereto 

14  is  guilty  of  a  misdemeanor. 

15  Sec.  10.     Section  nine  of  an  act  to  regulate  and  license  the 

16  hunting  of  wild  birds  and  animals  and  to  provide  revenue 

17  therefrom   for   game   and   fish   preservation   and   restoration 

18  approved  March  22,  1909,  is  hereby  amended  to  read  as  follows : 

19  Section  9.     Every  person  violating  any  of  the  provisions  of 

20  this  act  shall,  upon  conviction  thereof,  be  punished  by  a  fine 

21  of  not  less  than  twenty-five  nor  more  than  one  hundred  dollars, 

22  or  by  imprisonment  in  the  county  jail  for  a  term  of  not  less 

23  than  ten  days  nor  more  than  one  hundred  days,  or  by  both 

24  such  fine  and  imprisonment,  and  shall  forfeit  said  license,  and 

25  no  new  license  shall  be  issued  for  the  remainder  of  the  year. 

26  Sec.  11.     All  acts  and  parts  of  acts  in  conflict  with  this 

27  act  are  hereby  repealed. 

28  Sec.  12.     This  act  shall  take  effect  and  be  in  force  on  and 

29  after  July  first,  1913. 


(79) 


IDENTICAL,  WITH  ASSEMBLY  BILL  NO.   1429. 

New  Act.  Any  person  packing,  canning,  drying,  smoking,  or  selling  more  than 
one  thousand  dollars  of  fresh  salmon  in  one  year,  pays  a  tax  of  $1  on  each 
1,000  pounds  of  salmon. 

SENATE  BILL  No.  1422 


INTRODUCED  BY  SENATOR  HANS, 

(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Regulate  the  Vocation  of  Dealing  in  Salmon  by  Wholesale  for 
Profit  and  to  Provide  Therefrom  Revenue  for  the  Propa- 
gation and  Restoration  of  Fish  in  the  State  of  California. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Every  person  engaged  in  the  vocation  of  deal- 

2  ing  in  wholesale  packing,  canning,  drying,  smoking  or  other- 

3  wise  preserving  salmon,  for  profit;  and  every  person  engaged 

4  in  the  vocation  of  dealing  in,  buying  and  selling  salmon,  for 

5  profit,   at  wholesale,   in  this  state,  shall  pay  into  the  state 

6  treasury  at  the  end  of  each  quarter,  to  the  credit  of  the  fish 

7  and  game  preservation  fund  for  the  restoration  and  preserva- 

8  tion  of  fish,  a  tax  at  the  rate  of  one  dollar  on  each  one  thousand 
9 .    pounds  of  salmon,  fresh  packed,  canned,   dried,  smoked,  or 

10  otherwise  preserved  or  dealt  in,  bought  or  sold  by  wholesale; 

11  provided,  further,  every  person  engaged  in  the  wholesale  pack- 

12  ing,  canning,  drying,  smoking,  or  otherwise  preserving  salmon, 

13  for  profit,  every  person  engaged  in  the  vocation  of  dealing  in, 

14  buying,  and  selling  salmon  at  wholesale  for  profit,  shall  upon 

15  receipt  of  any  salmon,  fresh,  packed,  canned,  dried,  smoked. 

16  or  otherwise  preserved,  enter  at  the  time  of  the  receipt  thereof 

(80) 


1  in  a  register  kept  by  him  for  that  purpose,  in  the  English 

2  language  and  in  legible  handwriting,  the  date,  the  kind,  and 

3  weight  of  all  fresh,  packed,  canned,  dried,  smoked,  or  other- 

4  wise  preserved  salmon,  and  the  name,  and  residence  of  the 

5  person  or  persons  from  whom  the  same  was  received  or  pur- 

6  chased;  provided,  further,  every  person  engaged  in  the  whole- 

7  sale  packing,  canning,  drying,  smoking  or  otherwise  preserv- 

8  ing  salmon  for  profit,  or  every  person  engaged  in  dealing  in 

9  the  vocation  of  dealing  in,  and  selling  salmon  at  wholesale  for 

10  profit,  who  fails  or  refuses  or  neglects  to  produce  for  inspec- 

11  tion  his  register  to  any  fish  and  game  commissioner  of  this 

12  state,  or  any  duly  appointed,  qualified  and  acting  assistant 

13  thereof ;  provided,  further,  every  person  engaged  in  the  whole- 

14  sale  packing,  canning,  drying,  smoking,  or  otherwise  preserv- 

15  ing  salmon  for  profit,  or  every  person  engaged  in  the  vocation 

16  of  dealing  in,  buying,   and  selling  salmon  at  wholesale  for 

17  profit,  who  fails  to  make  a  statement  under  oath,  to  the  state 

18  controller,  of  the  kind,  and  weight  of  all  fresh,  packed,  canned, 

19  dried,  smoked,  or  otherwise  preserved  salmon,  or  who  makes 

20  any  false  entry  in  said  register  in  which  any  record  by  this  act 

21  is  required  to  be  kept,  or  who  makes  any  false  statement  with 

22  reference  to  the  purchase  or  sale  of  any  fresh,  packed,  canned, 

23  dried,  smoked,  or  otherwise  preserved  salmon,  is  guilty  of  a 

24  misdemeanor.     A  wholesale  dealer  for  profit,  for  the  purposes 

25  of  this  act,  is  any  person,  packing,  canning,  drying,  smoking 

26  or  otherwise  preserving  salmon,  and  every  person  engaged  in 

27  dealing  in,  buying,  and  selling  fresh  salmon,  in  an  amount 
2S  over  one  thousand  dollars  in  any  one  year  other  than  the  per- 

29  son  actually  engaged  in  the  vocation  of  fishing  and  actually 

30  taking  or  catching  salmon.     Every  person   found   guilty  of 

31  violating  any  of  the  provisions  of  this  act  must  be  fined  in  a 

32  sum  not  less  than  one  thousand  dollars  or  imprisoned  in  the 

33  county  jail  of  the  county  in  which  the  conviction  shall  be 

34  had,   not   less   than   six  months,   or  by   both  such   fine   and 

35  imprisonment. 


(31) 
6—3873 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1430. 

This  provides  for  taking  fish  or  game  from  one  district  to  another  district 
when  the  laws  of  the  districts  do  not  harmonize,  and  makes  it  possible  to 
have  game  in  possession  in  one  district  where  the  season  happens  to  be 
closed,  provided  the  game  has  been  legally  taken  in  another  district  where 
the  season  happens  to  be  open. 

SENATE  BILL  No.  1423 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 


February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Cali- 
fornia to  be  Numbered  Six  Hundred  and  Thirty-five  &, 
Relating  to  the  Protection  of  Fish  and  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal  Code 

2  of   the  State  of   California  to  be  numbered  six  hundred   and 

3  thirty-five  o  and  to  read  as  follows : 

4  635&.     Any  person   may  have   any  fish   or   game   or   parts 

5  thereof,  lawfully  taken  and  had  in  the  open  season,  into  any 

6  district  in  which  the  season  is  closed  as  to  that  particular  fish  or 

7  game,  or  parts  thereof,  by  first  making  an  affidavit  before  an 

8  officer  authorized  to  administer  oaths,  showing  when  said  fish  or 

9  game  was  killed,  name  of  the  city  or  town  and  county  in  which 

10  said  fish  or  game  or  parts  thereof  was  taken,  and  a  copy  of  such 

11  affidavit  must  be  attached  to  said  fish  or  game  or  parts  thereof 

12  at  all  times  during  the  possession  and  transportation  thereof, 

(82) 


1  and  shall  remain  attached  to  said  fish  or  game  or  parts  thereof 

2  until  said  fish  or  game  or  parts  thereof  is  consumed,  and  at  all 

3  times  said  fish  or  game  must  be  in  open  view.     No  affidavit  will 

4  be  valid  for  more  than  twenty  days  after  the  issuance  thereof ; 

5  provided,  further,  any  person  may  have  in  his  possession,  not 

6  more  than  twenty-five  pounds  of  dried  or  smoked  venison  law- 

7  fully  taken  in  any  of  the  game  districts  of  this  state,  upon  a 

8  permit  issued  by  the  fish  and  game  commissioners.     Said  permit 

9  shall  not  be  issued  until  it  satisfactorily  appears  to  the  fish  and 

10  game  commissioners,  that  the  dried  or  smoked  venison  was  law- 

11  fully  taken  and  possessed ;  said  permit  must  be  attached  to  such 

12  dried  or  smoked  venison  until  the  same  is  consumed.     All  per- 

13  mits  shall  expire  at  the  end  of  the  closed  season  in  which  said 

14  permit  is  issued ;  provided,  further,  that  every  person  violating 

15  any  of  the  provisions  of  this  section  is  guilty  of  a  misdemeanor, 

16  and  upon  conviction  thereof,  shall  be  punished  by  a  fine  not  less 

17  than  twenty-five  dollars  nor  more  than  five  hundred  dollars,  or 

18  imprisonment  in  the  county  jail  of  the  county  in  which  the  con- 

19  viction*  shall  be  had,  not  less  than  twenty-five  days  nor  more 

20  than  one  hundred  fifty  days,  or  by  both  such  fine  and  imprison- 

21  ment;  and  all  fines  and  forfeitures  imposed  and  collected  for 

22  violation  of  any  of  the  provisions  of  this  section  shall  be  paid 

23  into  the  state  treasury  to  the  credit  of  the  fish  and  game  preser- 

24  vation  fund. 


(83) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.   1431. 

Regulates  the  diversion  of  water  from  the  streams  at  low  stages  in  order  to 
assure  not  less  than  10  per  cent  of  the  water  flowing  over  dams  or  through 
fishways  to  support  fish  life,  and  also  provides  for  a  diversion  according  to 
the  proportion  of  water  diverted  when  several  parties  are  using  such  water. 

SENATE  BILL  No.  1424 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Cali- 
fornia to  Be  Numbered  Six  Hundred  Twenty-nine  and  One 
Half,  Relating  to  the  Protection  and  Preservation  of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal 

2  Code  of  the  State  of  California  to  be  numbered  six  hundred 

3  twenty-nine  and  one  half,  and  to  read  as  follows: 

4  629J.     Any    person,    company    or    corporation    owning    in 

5  part  or  in  whole,  or  leasing,  operating,  or  having  in  charge, 

6  any  dam  diverting  the  water  from  any  stream,  river,  or  creek, 

7  in  California,  shall  allow  during  the  low  stage,  or  at  the  mini- 

8  mum  flow  of  water,  not  less  than  ten  per  cent  of  the  amount 

9  of  water  in  the  stream,  to  flow  over  said  dam  or  through  any 

10  fishway  required  by  the  board  of  fish  and  game  commissioners, 

11  to  support  the  fish  life  below  the  dam.     Where  there  is  more 

12  than  one  dam  on  the  stream,  river,  or  creek,  the  said  ten  per 

13  cent  of  the  flow  shall  be  divided  according  to  the  proportion 

14  that  each  person,  company  or  corporation  diverts  from  such 

15  stream,  river,  or  creek,  provided  that  the  water  shall  at  all 

16  times  amount  to  ten  per  cent  of  the  minimum  flow  below  the 

(84) 


1  lowest  dam  on  any  stream,  river,  or  creek,  measured  midway 

2  from  its  source  to  its  mouth.     In  the  meaning  of  this  section, 

3  the  terms,  creek,  river  or  stream,  shall  apply  to  the  water 

4  flowing  from  the  water-shed  of  any  river,  creek,  or  stream,  to 

5  its  mouth  in  another  body  of  water,  where  the  local  or  geo- 

6  graphical  name  is  different. 

7  Sec.  2.     Every  person  found  guilty  of  a  violation  of  any 

8  of  the  provisions  of  this  section  must  be  fined  in  a  sum  not 

9  less  than  one  hundred  dollars  or  be  imprisoned  for  not  less 

10  than  one  hundred  days  in  the  county  jail  of  the  county  in 

11  which  the  conviction  shall  be  had,  or  by  both  such  fine  and 

12  imprisonment.     All  fines  collected  for  any  violation  of  any 

13  of  the  provisions  of  this  act  must  be  paid  into  the  state  treas- 

14  ury  to  the  credit  of  the  support  and  maintenance  of  hatcheries 

15  fund. 


(85) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1457. 

This  provides  a  legal  means  for  recovery  by  the  public,  through  a  joint  con- 
demnation by  state  and  county,  of  fishing  rights  on  innavigable  streams  not 
running  through  cultivated  lands,  which  said  streams  have  been  supplied 
with  fish  by  the  State. 

SENATE  BILL  No.  1425 


INTRODUCED  BY  SENATOR  HANS, 

(By  request,) 


February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  Section  Four  Thousand  Eighty-five  and  One  Half  of 
the  Political  Code  of  the  State  of  California,  Relating 
to  Authorizing  the  Board  of  Supervisors  of  the  Several 
Counties  of  This  State  to  Declare  Innavigable  Streams 
Highways  for  the  Purpose  of  Fishing,  and  Providing  for  the 
Use  of  the  Same. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  four  thousand  eighty-five  and  one  half 

2  of  the  Political  Code  of  the  State  of  California  is  hereby 

3  amended  to  read  as  follows : 

4  4085J.     On  the  application  of  any  individual,  association  or 

5  corporation  interested,  the  board  of  supervisors  of  any  county 

6  of  this  state  may,  by  ordinance,  declare  all  or  any  portion  of 

7  any  slough,  river  or  stream,  except  those  portions  which  do  lie 

8  within  or  run  through  cultivated  land  lying  within  the  county 

9  which  is  stocked  or  supplied,  in  whole  or  in  part,  with  fish,  by 
10  the  state  or  counties  and  which  has  not  been  declared  by  law 

(86) 


1  to  be  navigable,  and  which,  in  fact,  is  not  navigable  for  com- 

2  mercial  purposes,  to  be  a  public  highway  for  the  purpose  of 

3  fishing  in  said  slough,  river  or  stream,  or  any  part  thereof, 

4  and  the  same  shall  thereupon  become  and  be  a  public  highway 

5  for  such  purpose,  subject  only  to  the  reservations  hereinafter 

6  contained.     In  case  any  owner  of  land  adjacent  to  or  across 

7  which  such  slough,  river  or  stream  flows  does  not  consent  to 

8  the  use  of  the  slough,  river  or  stream  for  such  purpose  with 

9  the  right  to  pass  along  the  banks  for  the  purpose  of  fishing 

10  and  grant  the  same  to  the  county  by  suitable  instrument  in 

11  writing,  on  application,  the  board  of  supervisors  may  contract 

12  for  and  purchase  any  and  all  such  rights;  or  if  the  same 

13  cannot  be  purchased  at  a  satisfactory  price  the  attorney  gen- 

14  eral  upon   application  by  the  board  of  supervisors  of  any 

15  county  shall  begin  action  in  the  name  of  the  county  making 

16  such  application,  in  the  manner  directed  by  title  seven  part 

17  three  of  the  Code  of  Civil  Procedure.     The  county  making 

18  such  application  shall  pay  one  half  of  the  purchase  price  of 

19  said  right  of  way  and  the  State  of  California  shall  pay  one 

20  half  of  the  purchase  price  of  said  right  of  way. 


(ST) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1456. 
This  defines  the  powers  and  duties  of  the  Fish  and  Game  Commission. 

SENATE  BILL  No.  1426 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Forty-two  of  the  Political  Code 
of  the  State  of  California,  Relating  to  the  Fish  and  Game 
Commissioners  and  Their  Assistants  and  Prescribing  Their 
Powers  and  Duties. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  forty-two  of  the  Political 

2  Code  of  the  State  of  California  is  hereby  amended  to  read 

3  as  follows: 

4  642.     It  is  the  duty  of  the  fish  and  game  commissioners 

5  1.  To  see  that  the  laws  for  the  preservation  of  fish  and 

6  game  are  strictly  enforced;  and  for  that  purpose  they  may, 

7  from  time  to  time,  employ  such  assistants  as  they  shall  deem 

8  necessary,  which  persons  so  appointed  as  assistants  shall  be 

9  public  officers  and  shall  have  all  the  powers  and  authority  of 

10  sheriffs  or  other  peace  officers  to  make  arrests  for  violation  of 

11  such  laws  and  to  serve  all  processes  and  notices  throughout  the 

12  state.     The  fish  and  game  commissioners  or  their  assistants  shall 

13  seize  and  take  possession  of  any  and  all  game  or  fish  or  any 

14  part  thereof  which  have  been  caught,  taken,  killed,  or  had  in 

(88) 


1  possession,  or  under  control,  or  sold  or  offered  for  sale,  or 

2  shipped  or  offered  for  shipment,  contrary  to  any  of  the  law  of 

3  this  state,  and  all  such  game,  fish  or  any  part  thereof  which 

4  may  be  so  seized  and  taken  possession  of  by  the  fish  and  game 

5  commissioners  or  their  assistants  shall  be  donated  by  them  to 

6  some  charitable  or  public  institution.     . 

7  2.  To  establish  and  maintain  fish-breederies  and  to  acquire 

8  by  purchase,  gift  or  lease  or  otherwise  such  land  as  may  be 

9  deemed  necessary  for  the  purpose  of  establishing  state  fish- 

10  breederies  for  stocking  the  waters  of  this  state  with  foreign 

11  and  native  fish. 

12  3.  To  purchase  and  import  spawn  or  ova  of  fish  suitable  for 

13  food. 

14  4.  To  stock  with  such  spawn  the  waters  of  this  state. 

15  5.  To  appoint  a  secretary  and  an  attorney  and  to  employ 

16  persons  skilled  in  fish  breeding  to  assist  them  in  their  duties. 

17  6.  To   furnish  plans  for  and  direct  and  compel  the  con- 

18  struction  and  repair  of  fish  ladders  and  ways  upon  dams  and 

19  obstructions. 

20  7.  To  provide  for  the  importation  of  game  birds  or  animals 

21  and    for    the    propagation,    distribution    and    protection    of 

22  imported  and  domestic  game  birds  or  animals,  and  for  that  pur- 

23  pose  to  acquire  by  purchase,  gift,  lease  or  otherwise  such  lands 
24 .  as  may  be  deemed  necessary  for  the  purpose  of  establishing 
2^  state  game  farms  and  to  distribute  the  output  of  such  game 

26  farm  or  farms  on  public  lands,  or  where,  in  the  judgment  of  the 

27  fish  and  game  commissioners,  such  birds  or  animals  will  receive 
2"  adequate  protection. 

29  8.  To  report  biennially  to  the  governor  a  statement  of  all 

30  their  transactions  and  disbursements. 

31  Sec.  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act 

32  are  hereby  repealed. 


(89) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1455. 

This  aims  to  strengthen  and  reinforce  a  law  already  on  the  statute  books  limit- 
ing the  taking  of  surf  fish  in  southern  California  through  hook  and  line 
methods  by  forbidding  the  sale. 


SENATE  BILL  No.  1427 

INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  act 

To  Amend  Section  Six  Hundred  and  Twenty-eight  e  of  the  Penal 
Code  Relating  to  the  Protection  of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty-eight  e  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows : 

4  628e.     Every  person  who  at  any  time  except  with  hook  and 

5  line,  and  in  the  manner  commonly  known  as  angling,    takes, 

6  catches  or  kills,  or  who  buys,  sells  or  offers  for  sale,  any  Cali- 

7  fornia  Whiting  (Menticirrhns  undulatus)  also  known  as  cor- 

8  bina  and  surf -fish;    or  any  yellowfin  (Umbrina  littoralis)  ;  or 

9  any  spotfin  croaker  (Boncador  stearnsi) ,  is  guilty  of  a  misde- 

10  meanor.  All  fines  and  forfeitures  imposed  and  collected  for  any 

11  violation  of  any  of  the  provisions  of  this  section  shall  be  paid 

12  into  the  state  treasury  to  the  credit  of  the  fish  commission  fund. 


(90) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1454. 

The  purpose  of  this  bill  is  to  force  users  of  irrigating  or  power  water  to  provide 
suitable  or  proper  screens  to  keep  fish  out  of  their  intakes. 

SENATE  BILL  No.  1428 


INTRODUCED  BY  SENATOR  HANS, 

(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN   ACT 

To  Amend  Section  Six  Hundred  and  Twenty-nine  of  the  Penal 
Code  of  the  State  of  California  Relating  to  the  Protection 
of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-nine  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows: 

4  629.     Any   person,    company,   or   corporation,    owning,    in 

5  whole  or  in  part,  or  leasing,  operating,  or  having  in  charge, 

6  any  mill-race,  irrigating  ditch,  pipe,  flume,  or  canal,  taking  or 

7  receiving  its  waters  from  any  river,  creek,  stream,  or  lake,  in 

8  which  fish  have  been  placed,  or  may  exist,  shall  put,  or  cause 

9  to  be  placed  and  maintained,  over  the  inlet  of  such  pipe,  flume, 

10  ditch,  canal,  or  mill-race,  a  screen  of  such  construction  and 

11  fineness,  strength,  and  quality  as  shall  prevent  any  such  fish 

12  from  entering  such  ditch,  pipe,  flume,  canal,    or    mill-race, 

13  when  required  to  do  so  by  the  state  board  of  fish  commission- 

14  ers.     Any  person,  company,  or  corporation,  violating  any  of 

(91) 


1  the  provisions  of  this  section,  or  who  shall  neglect  or  refuse 

2  to  put  up  or  maintain  such  screen,  shall  be  guilty  of  a  misde- 

3  meanor,  and,  upon  conviction  thereof,  shall  be  punished  by  a 

4  fine  of  not  less  than  one  hundred  dollars  or  imprisoned  in 

5  the  county  jail  of  the  county  in  which  the  conviction  shall  be 

6  had,  not  less  than  fifty  days,  or  by  both  such  fine  and  impris- 

7  enment;  and  all  fines  imposed  and  collected  for  violation  of 

8  any  of  the  provisions  of  this  section  shall  be  paid  into  the 

9  state  treasury  to  the  credit  of  the  fish  commission  fund;  pro- 

10  vided,  that  the  continuance  from  day  to  day  of  the  neglect  or 

11  refusal,  after  notification  in  writing  by  the  state  board  of 

12  fish  commissioners,  shall  c6nstitute  a  separate  offense  for  each 
l£  day. 


02) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1453. 

The  purpose  of  this  bill  is  to  force  those  maintaining  dams  or  other  obstructions 
in  streams  to  provide  proper  fishways  and  forbids  the  taking  of  fish  within 
three  hundred  feet  of  such  fishways,  with  nets. 

SENATE  BILL  No.  1429 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  and  Thirty-seven  of  the  Penal 
Code  of  the  State  of  California  Relating  to  the  Protection 
of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  thirty-seven  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows: 

4  637.     It  shall  be  the  duty  of  the  state  board  of  fish  com- 

5  missioners  to  examine,  from  time  to  time,  all  dams  and  artifi- 

6  cial  obstructions  in  all  rivers  and  streams  in  this  state  natur- 

7  ally  frequented  by  salmon,  shad,  trout,  or  other  fish;  and  if, 

8  in  their  opinion,  there  is  not  free  passage  for  fish  over  or 

9  around  any  dam  or  artificial  obstruction,  to  notify  the  owners 

10  or  occupants  thereof  to  provide  the  same,  within  a  specified 

11  time,  with  a  durable  and  efficient  fishway,  of  such  form  and 

12  capacity,  and  in  such  location  as  shall  be  determined  by  the 

13  fish  commissioners,  or  persons  authorized  by  them,  and  such 


(93) 


1  fishway  must  be  completed  by  the  owners  or  occupants  of  such 

2  dam  or  artificial  obstruction  to  the  satisfaction  of  said  com- 

3  missioners,  within  the  time  specified;  and  it  shall  be  incum- 

4  bent  upon  the  owners  or  occupants  of  all  dams  or  artificial 

5  obstructions,  where  the  state  board  of  fish  commissioners  re- 

6  quire  such  fishways  to  be  provided,  to  keep  the  same  in  repair 

7  and  open  and  free  from  obstructions  to  the  passage  of  fish  at 

8  all  times;  and  no  person  shall  wilfully  destroy,  injure  or  ob- 

9  struct  any  such  fishway,  or  at  any  time  take  or  catch  any 

10  salmon,  shad,  or  other  fish  or  trout,  except  by  hook  and  line, 

11  within   three  hundred  feet  of  any  fishway  required  by  the 

12  state  board  of  fish  commissioners  to  be  provided  and  kept 

13  open,  or  at  any  time  take  or  catch  any  such  fish  in  any  man- 

14  ner  within  fifty  feet  of  such  fishway ;  and  every  person  violat- 

15  ing  any  of  the  provisions  of  this  act  is  guilty    of    a   misde- 

16  meanor,  and  every  person  found  guilty  of  a  violation  of  any 

17  of  the  provisions  of  this  act  must  be  fined  in  a  sum  not  less 

18  than  one  hundred  dollars,  or  imprisonment  in  the  county  jail 

19  of  the  county  in  which  the  conviction  shall  be  had,  not  less 

20  than  fifty  days,  or  by  both  such  fine  and  imprisonment;  and 

21  all  fines  imposed  and  collected  for  any  violations  of  the  pro- 

22  visions  of  this  act  shall  be  paid  into  the  state  treasury  to  the 

23  credit  of  the  fish  commission  fund ;  provided,  that  the  continu- 

24  ance  from  day  to  day  of  the  neglect  or  refusal,  after  notifica- 

25  tion  in  writing  by  the  state  board  of  fish  commissioners,  shall 

26  constitute  a  separate  offense  for  each  day. 


(94) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1452. 
This  fixes  seasons,  bag  limits,  methods,  a  7- inch  size  limit,  etc.,  for  black  bass. 

SENATE  BILL  No.  1430 


INTRODUCED  BY  SENATOR  HANS, 

(By  request,) 


February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Twenty-eight  o  of  the  Penal  Code, 
Relating  to  the  Protection  of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty-eight  b  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows : 

4  628&.     Every  person  who  between  the  first  day  of  January 

5  and  the  first  day  of  June  of  each  year,  buys,  sells,  offers  for 

6  sale;  takes,  catches,  kills,  or  has  in  his  possession  any  black 

7  bass ;  or  who  at  any  time,  except  with  hook  and  line  and  in  the 

8  manner  commonly  known  as  angling,  takes,  catches,  kills  any 

9  black  bass ;  or  who  takes,  catches,  kills,  or  has  in  his  possession 

10  more  than  twenty-five  black  bass  during  any  one  calendar 

11  day;  or  who  takes,  catches,  kills,  or  has  in  his  possession  any 

12  black  bass  of  less  than  seven  inches  in  length  is  guilty  of  a 

13  misdemeanor;   provided,  that  in   game   district  number  two 

14  every  person  who  between  the  first  day  of  April  and  the  first 

15  day  of  July  of  each  year,  buys,  sells,  offers  for  sale,  takes, 

16  catches,  kills,  or  has  in  his  possession  any  black  bass;  or  who 

(95) 


1  at  any  time,  except  with  hook  and  line  and  in  the  manner 

2  commonly  known  as  angling,  takes,  catches,  kills  any  black 

3  bass ;  or  who  takes,  catches,  kills,  or  has  in  his  possession  more 

4  than  twenty-five  black  bass  during  any  one  calendar  day:  or 

5  who  takes,  catches,  kills,  or  has  in  his  possession  any  black 

6  bass  of  less  than  seven  inches  in  length  is  guilty  of  a  misde- 

7  meanor ;  provided,  further,  that  in  game  district  number  three 

8  every  person  who  between  the  first  day  of  January  and  the 

9  first  day  of  May  of  each  year,  buys,  sells,  offers  for  sale,  takes, 

10  catches,  kills,  or  has  in  his  possession  any  black  bass ;  or  who 

11  at  any  time  except  with  hook  and  line  and  in  the  manner 

12  commonly  known  as  angling,  takes,  catches,  kills  any  black 

13  bass ;  or  who  takes,  catches,  kills,  or  has  in  his  possession  more 

14  than  twenty-five  black  bass  during  any  one  calendar  day;  or 

15  who  takes,  catches,  kills,  or  has  in  his  possession,  any  black 

16  bass  of  less  than  seven  inches  in  length  is  guilty  of  a  mis- 

17  demeanor;  provided,  further,  that  in  game  district  number 

18  four  every  person  who  between  the  first  day  of  September  and 

19  the  first  day  of  May  of  each  year,  buys,  sells,  offers  for  sale, 

20  takes,  catches,  kills,  or  has  in  his  possession  any  black  bass ;  or 

21  who  at  any  time  except  with  hook  and  line  and  in  the  manner 

22  commonly  known  as  angling,  takes,  catches,  kills  any  black 

23  bass;  or  who  takes,  catches,  kills,  or  has  in  his  possession  more 

24  than  twenty-five  black  bass  during  any  one  calendar  day;  or 

25  who  takes,  catches,  kills,  or  has  in  his  possession,  any  black 

26  bass  of  less  than  seven  inches  in  length  is  guilty  of  a  mis- 

27  demeanor. 


(96) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1451. 

This  fixes  seasons,   bag    limits,   methods,  a  3-pound   size   limit,  etc.,  fop  striped 
bass,  and   prohibits  the  exportation  of  these  fish  from  California. 

SENATE  BILL  No.  1431 


INTRODUCED  BY  SENATOR  HANS, 

(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Twenty-eight  a  of  the  Penal  Code 
of  the  State  of  California,  Relating  to  the  Protection  and 
Preservation  of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-eight  a  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows  : 

4  628a.     Every  person  who,  at  any  time,  buys,  sells,  or  offers 

5  for  sale,  any  striped  bass  of  less  than  three  pounds  in  weight, 

6  or  who  takes,  catches,  or  kills,  or  has  in  his  possession,  any 

7  striped  bass  of  less  than  three  pounds  in  weight  except  taken, 

8  caught,  or  killed,  with  hook  and  line,  in  the  manner  commonly 

9  known  as  angling,  or  who,  takes,  catches,  kills,  or  has  in  his 

10  possession  during  any  one  calendar  day  more  than  ten  striped 

11  bass,  less  than  three  pounds  in  weight;    or  who,  between  the 

12  fifteenth  day  of  September  and  the  twentieth  day  of  November 

13  inclusive,  of  each  year,  buys,  sells,  offers  for  sale,  or  who,  takes, 

14  catches  or  kills,  or  has  in  his  possession,  any  striped  bass 

£97) 
7—3873 


1  except  taken,  caught,  or  killed  with  hook  and  line,  and  in  the 

2  manner    commonly  known  as  angling,  or    who    between    the 

3  fifteenth  day  of  September  and  the  twentieth  day  of  Novem- 

4  ber  of  each  year,  bnys,  sells,  or  offers  for  sale,  ships,  offers  for 

5  shipment,    or   receives   for   shipment,   or   transportation,   any 

6  striped  bass,  or  who  at  any  time  offers  for  shipment,  ships,  or 

7  receives  for  shipment  or  transportation,  from  the  State  of  Cali- 

8  fornia  to  any  place  in  any  other  state,  territory  or  foreign 

9  country,  any  striped  bass,  caught  or  taken  in  the  waters  of  this 

10  state ;  is  guilty  of  a  misdemeanor ;  provided,  that  the  possession 

11  of  such  striped  bass  shall  be  prima  facie  evidence  of  the  fact 

12  that  such  striped  bass  were  caught  or  taken  in  the  waters  of 

13  this  state. 


(98) 


IDENTICAL,  WITH  ASSEMBLY  BILL  NO.  1450. 

This  Act  regulates  the  shipment  of  game  and  fish,  prevents  common  carrier 
accepting  from  one  person  more  than  limit  for  one  day;  all  shipments  to  be 
tagged  with  name  and  address  of  shipper,  also  name  and  address  of  party 
to  whom  shipped;  shipper  must  present  his  hunting  license  to  agent,  and 
agent  must  mark  the  number  of  license  on  the  shipping  tag. 

SENATE  BILL  No.  1432 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Twenty-seven  6  of  the  Penal  Code 
of  the  State  of  California,  Relating  to  the  Protection  of 
Fish  and  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty-seven  b  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows : 

4  627b.     Every  common  carrier  which  receives  for  shipment  or 

5  transportation  from,  or  which  ships  or  transports  or  has  in  its 

6  possession  for,  any  one  person  during  any  one  calendar  day 

7  more  than  the  limit  of  any  kind  of  fish  or  wild  game  allowed  by 

8  this  chapter  to  be  had  or  possessed  by  any  person  in  any  one  cal- 

9  endar  day  or  which  ships,  or  transports,  or  has  in  its  possession, 

10  or  any  person  offering  for  shipment  or  transportation  more  than 

11  the  limit  of  any  kind  of  fish  or  game  allowed  by  this  chapter  to 

12  be  had  and  possessed  by  any  one  person  during  any  one  calen- 

(99) 


1  dar  day,  or  which  ships  or  transports,  or  any  person  offering 

2  for  shipment  or  transportation  any  fish  or  game  unless  said  fish 

3  or  game  is  in  open  view  and  tagged  with  the  name  and  resi- 

4  dence  of  the  person  by  whom  such  fish  or  game  is  shipped  and 

5  the  name  and  residence  of  the  person  to  whom  said  fish  or  game 

6  is  shipped,  or  who  ships  or  transports,  or  offers  for  shipment  or 

7  transportation,    any    game    without    presenting    his    hunting 

8  license,  and  the  person  receiving  for  shipment  or  transportation 

9  must  mark  on  the  shipping  tag  attached  to  said  game  the  name 

10  and  number  of  the  license  of  the  person  offering  such  game  for 

11  shipment,  or  any  person  who  shall  at  the  time  of  such  shipment 

12  or  transportation  fail  to  furnish  to  any  such  .common  carrier  a 

13  tag  or  label  bearing  his  name  and  residence  and  the  exact  con- 

14  tents  of  the  package  offered  for  shipment  or  transportation  is 

15  guilty  of  a  misdemeanor ;  provided,  that,  nothing  in  this  section 

16  contained  shall  be  construed  to  permit  any  person  to  have  in  his 

17  possession  any  game  or  fish  contrary  to  the  provisions  of  this 

18  chapter ;  nor  to  permit  any  common  carrier  to  have  in  its  pos- 

19  session  more  than  the  limit  of  anjr  fish  or  game  allowed  by  this 

20  chapter  to  be  had  or  possessed  by  airy  one  person  during  any 

21  one  calendar  day,  though  lawfully  received,  except  during  the 
22.  shipment  or  transportation;  provided,  further,  that  every  rail- 

23  road  company,  express  company,  transportation  company,  or 

24  other  common  carrier,  its    officers,    agents    or    servants    who 

25  refuses  any  regular  deputy  of  the  fish  and  game  commission  to 

26  inspect  any  package  labeled  or  tagged  "fish  or  game"  is  guilty 

27  of  a  misdemeanor  and  the  right  is  hereby  given  any  regular 

28  deputy  of  the  fish  and  game  commission  the  right  to  inspect  all 

29  packages  while   in  the  possession    of    any  railroad   company, 

30  express  company,  transportation  company  or    other    common 

31  carrier,  its  officers,  agents  or  servants. 

32  Sec.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act 

33  are  hereby  repealed. 


(100) 


IDENTICAL  WITH  ASSBMBLy;BJIyL  NO*  14#9. 

This    proposed    enactment    makes    a    season    for  the   takiijgof  .black,    brown   or 
cinnamon  bear  and  forbids  taking -them  wltji  Itrapjs/ " 

SENATE  BILL  No.  1433 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN   ACT 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Cali- 
fornia to  Be  Numbered  Section  Six  Hundred  Twenty-seven  e, 
Relating  to   the   Protection   and   Preservation   of   Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal 

2  Code  of  the  State  of  California  to  be  numbered  six  hundred 

3  twenty-seven  e,  and  to  read  as  follows : 

4  6276.     Every    person    who    in    game    district   number   one 

5  between  the  thirtieth  day  of  April  and  the  first  day  of  October 

6  of  any  year,  hunts,  takes,  pursues,  or  has  in  his  possession  any 

7  black,  brown  or  cinnamon  bear,  or  who  in  game  district  num- 

8  ber  four  between  the  thirtieth  day  of  November  and  the  first 

9  day  of  September  of  the  following  year,  hunts,  takes,  pursues, 

10  or  has  in  his  possession  any  black,  brown  or  cinnamon  bear, 

11  or  who  uses,  takes,  catches,  or  kills  any  bear  in  the  State  of 

12  California  by  means  of  a  steel  trap  is  guilty  of  a  misdemeanor, 

13  and  every  person  found  guilty  of  a  violation  of  any  of  the 

14  provisions  of  this  act  must  be  fined  in  a  sum  not  less  than 

(101) 


1  twenty-five  dollars  nor  mo2*e  than  five  hundred  dollars,  or  by 

2  imprisonment  in  the  county  jail  of  the  county  .in  which  the 

3  conviction  shall  be  had  of  not  less  than  ten  days  nor  more 

4  than  one  hundred  and  fifty  days  or  by  both  such  fine  and 

5  imprisonment,  and  all  fines  and  forfeitures  imposed  and  col- 

6  lected  for  any  violation  of  the  provisions  of  this  act  shall  be 

7  paid  into  the  state  treasury  to  the  credit  of  the  "fish  commis- 
8 


(102) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1448. 

This  proposed  enactment  adds  spike  bucks  for  a  male  deer  younger  than 
forked  horns  to  the  protected  list  under  the  same  penalty  as  does,  and  also 
includes  the  antelope  and  mountain  sheep. 


SENATE  BILL  No.  1434 

INTRODUCED  BY  SENATOR  HANS, 

(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Twenty-six  e  of  the  Penal  Code 
of  the  State  of  California,  Relating  to  the  Protection  and 
Preservation  of  G-ame. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty-six  e  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows : 

4  626e.     Every  person  who  pursues,  takes,  kills,  or  destroys, 

5  or  has   in  his  possession,   any  female   deer,   any  male  deer 

6  younger  than  a  forked  horn,  or  spotted  fawn,  or  spike  buck, 

7  or  any  antelope,  mountain  sheep,  or  part  thereof,  is  guilty  of 

8  a  misdemeanor. 


(103) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1447. 

This  fixes  the  season  on  golden  trout  August  1st  to  September  30th,  inclusive, 
limits  the  taking  to  hook  and  line  method  and  25  per  day  with  a  minimum 
size  limit  of  5  inches. 

SENATE  BILL  No.  1435 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 


February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Thirty-three  of  the  Penal  Code 
of  the  State  of  California,  Relating  to  the  Protection  and 
Preservation  of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  thirty-three  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows: 

4  633.     Every  person  who,  at  any  time,  between  the  thirtieth 

5  day  of  September  and  the  first  day  of  August  inclusive,  of  the 

6  year  following,  takes,  catches,  kills,  or  destroys,  or  has  in  his 

7  possession,  any  variety  of  golden  trout,  or  who,  at  any  time 

8  takes,  catches,  kills,  or  destroys,  any  variety  of  golden  trout 

9  except  with  hook  and  line  and  in  the  manner  commonly  known 

10  as  angling,  or  who  at  any  time,  takes,  catches,  kills,  or  destroys, 

11  or  has  in  his  possession  during  any  one  calendar  day,  more  than 

12  twenty-five  golden  trout,  or  has  in  his  possession  any  variety 

13  of  golden  trout  of  less  than  five  inches  in  length,  is  guilty  of  a 


(104) 


1  misdemeanor.     Every  person  found  guilty  of  any  violation  of 

2  any  of  the  provisions  of  this  section  must  be  fined  in  a  sum  not 

3  less  than  twenty  dollars,  nor  more  than  five  hundred  dollars  or 

4  be  imprisoned  in  the  county  jail  in  which  the  conviction  shall 

5  be  had,  not  less  than  ten  days  nor  more  than  one  hundred  and 

6  fifty  days,  or  be  punished  by  both  such  fine  and  imprisonment, 

7  and  all  fines  or  forfeitures  imposed  and  collected  for  any  viola- 

8  tion  of  any  of  the  provisions  of  this  section  must  be  paid  into 

9  the  state  treasury  to  the  credit  of  the  fish  commission  fund. 

10  Nothing  in  this  section  shall  prohibit  the  fish  commission  of  this 

11  state  from  taking  at  all  times  such  golden  trout  as  they  deem 

12  necessary  for  the  purpose  of  propagation  or  for  scientific  pur- 

13  poses. 


(105) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1446. 

This  proposed  enactment  fixes  seasons  in  the  various  districts  for  ducks,  snipe, 
shore  birds,  quail,  mountain  quail,  grouse  or  sage  hen;  provides  seasons 
in  certain  districts  for  meadowlarks,  robins  and  blackbirds,  and  extends  pro- 
tection to  them  in  districts  where  the  Fish  and  Game  Commission  survey 
has  shown  them  to  be  beneficial. 

SENATE  BILL  No.  1436 


INTRODUCED  BY  SENATOR  HANS, 

(By  request,) 


February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  Section  Six  Hundred  and  Twenty-six  of  the  Penal  Code 
of  the  State  of  California,  Relating  to  the  Protection  of 
Fish  and  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section    six   hundred    and    twenty-six    of   the 

2  Penal  Code  is  hereby  amended  to  read  as  follows : 

3  626.     Every  person  who  between  the  first  day  of  March  and 

4  the  fifteenth  day  of  October  inclusive,  of  any  year,  hunts, 

5  pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession,  any 

6  kind  or  wild  duck,  ibis,  or  other  shore  bird  (Limicola)  ;  or  who, 

7  between  the  first  day  of  April  and  the  thirty-first  day  of 

8  October  inclusive,  of  any  year,  hunts,  pursues,  takes,  kills,  or 

9  destroys,  or  has  in  his  possession  any  Wilson  snipe;  or  who, 

10  between  the  sixteenth  day  of  February  and  the  fifteenth  day  of 

11  October  inclusive  of  any  year,  hunts,  pursues,  takes,  kills,  or 

12  destroys,  or  has  in  his  possession,  any  desert  or  valley  quail; 

(10G) 


1  or  who,  between  the  first  day  of  December  and  the  thirtieth 

2  day  of  August  inclusive  of  the  following  year,  hunts,  pursues, 

3  takes,  kills,  or  has  in  his  possession,  any  grouse  or  sage  hen; 

4  or  who,  between  the  first  day  of  January  and  the  thirty-first 

5  day  of  August  inclusive  in  any  year,  hunts,  takes,  kills,  pur- 

6  sues,  or  destroys,  or  has  in  his  possession  any  mountain  quail; 

7  or  who  between  the  first  day  of  April  and  the  thirty-first  day 

8  of  May  inclusive,  of  any  year,  hunts,  pursues,  takes,  kills,  or 

9  has  in  his  possession  any  cottontail  rabbit  or  bush  rabbit;  or 

10  who,  between  the  first  day  of  March  and  the  thirty-first  day 

11  of  October  inclusive,  of  any  year,  hunts,  pursues,  takes,  kills, 

12  or  has  in  his  possession  any  meadow-lark,  black-bird,  or  robin, 

13  is  guilty  of  a  misdemeanor,  except  as  herein  provided ;  pro-. 

14  vided,  that  in  game  district  one  of  the  State  of  California,  any 

15  person  who,  between  the  first  day  of  March  and  the  thirtieth 

16  day  of  September  inclusive,  of  any  year,  hunts,  takes,  kills, 

17  pursues,  or  destroys,  or  has  in  his  possession,  any  kind  of  wild 

18  duck,  ibis,  or  other  shore  bird  (Limicolce)  ;  or  who,  in  game 

19  districts  two  and  six,  between  the  sixteenth  day  of  February 

20  and  the  thirtieth  day  of  September  inclusive,  in  any  year, 

21  hunts,  takes,  kills,  pursues,  or  destroys,  or  has  in  his  possession, 

22  any  kind  of  wild  duck,  ibis,  or  other  shore  bird  (Limicolce)  ; 

23  or  who  in  game  district  four,  between  the  sixteenth  day  of 

24  February  and  the  fifteenth  day  of  October  inclusive,  in  any 

25  year,  hunts,  takes,  kills,  pursues,  or  destroys,  or  has  in  his 

26  possession,  any  kind  of  wild  duck,  ibis,  or  other  shore  bird 

27  (Limicolce)  ;  or  who,  in  game  district  two,  between  the  first  day 
of  April  and  the  thirtieth  day  of  September  inclusive,  of  any 
year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his 
possession,  any  Wilson  snipe ;  or  who,  in  the  game  district  three, 

31  between  the  first  day  of  May  and  the  first  day  of  November 

32  inclusive,  in  any  year,  hunts,  pursues,  takes,  kills,  or  destroys, 

33  or  has  in  his  possession,  any  Wilson  snipe;  or  who,  in  game 

34  district  four,  between  the  sixteenth  day  of  February  and  the 

35  fifteenth  day  of  October  inclusive,  in  any  year,  hunts,  pursues, 

36  takes,  kills,  or  destroys,  or  has  in  his  possession,  any  Wilson 

37  snipe;  or  who  in  game  district  five,  between  the  first  day  of 

(107) 


28 
20 
30 


1  March  and  the  fifteenth  day  of  October  inclusive,  of  any  year, 

2  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession, 

3  any  Wilson  snipe;  or  who,  in  game  district  six,  between  the 

4  first  day  of  May  and  the  thirtieth  day  of  September  inclusive, 

5  in  any  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in 

6  his   possession,   any  Wilson   snipe;   or  who  in   game   district 

7  two,  between  the  first  day  of  February  and  the  thirty-first  day 

8  of  October  inclusive,  in  any  year,  hunts,  pursues,  takes,  kills,  or 

9  destroys,  or  has  in  his  possession,  any  desert  or  valley  quail; 

10  or  who,  in  game  district  three,  between  the  first  day  of  January 

11  and  the  fifteenth  day  of  October  inclusive,  in  any  year,  hunts, 

12  pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession,  any 

13  desert  or  valley  quail;  or  who  in  game  district  five,  between 

14  the  sixteenth   day  of  February   and  the  thirty-first  day  of 

15  October  inclusive,  in  any  year,  hunts,  takes,  pursues,  kills,  or 

16  destroys,  or  has  in  his  possession,  any  desert  or  valley  quail; 

17  or  who  in  game  district  six,  between  the  first  day  of  January 

18  and  the  thirty-first  day  of  October  inclusive,  in  any  year,  hunts, 

19  takes,   pursues,   kills,   or   destroys,   or  has  in  his   possession, 

20  any   desert   or   valley   quail;    or   who   in    game    district   one, 

21  between    the   sixteenth    day   of   February    and   the    fifteenth 

22  clay    of    October    inclusive,    in    any    year,    hunts,    pursues, 

23  kills,    or    destroys,    or   has    in   his    possession,    any  mountain 

24  quail;    or    who,    in    game    district    two,    between    the    first 

25  day  of  February  and  the  thirty-first  day  of  October  inclusive, 

26  in  any  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in 

27  his  possession  any  mountain  quail;  or  who,  in  game  districts 

28  three,  five  and  six  between  the  first  day  of  December  and 

29  the  thirty-first  day  of  August  inclusive,  of  the  following  year, 

30  hunts,  pursues,  takes,  kills,  destroys,  or  has  in  his  possession 

31  any  mountain  quail ;  or  who  in  game  district  three,  between  the 

32  first  day  of  April  and  the  thirty-first  day  of  May  inclusive,  of 

33  any  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his 

34  possession,  any  cottontail  or  bush  rabbit ;  that  in  game  districts 

35  two,  four  and  six,  it  shall  be  lawful  to  hunt,  pursue,  take,  kill, 

36  or  destroy  or  have  in  possession,  cottontail  or  bush  rabbit  at  all 

37  times;  or  who,  in  game  district  four,  between  the  first  day  of 


(108) 


1  February  and  the  thirty-first  day  of  October  inclusive,  of  any 

2  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his 

3  possession,  any  robin;  or  in  game  district  four,  any  person 

4  who,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his 

5  possession,  any  meadow  lark,  black-bird;  or  in  game  districts 

6  one,  five  and  six,  any  person  who  hunts,  pursues,  takes,  kills, 

7  or  destroys  or  has  in  his  possesion  any  meadow  lark,  black- 

8  bird  or  robin;  or  in  game  districts  two  and  three,  any  person 

9  who  between  the  first  day  of  March  and  the  thirty-first  day  of 

10  October  inclusive,  hunts,  pursues,  takes,  kills,  or  destroys  or 

11  has  in  his  possession  any  meadow  lark,  black-bird,  or  robin  is 

12  guilty  of  a  misdemeanor. 


(100) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1445. 

This  makes  a  close  season  on  tree  squirrels,  protects  them  by  no  sale,  and  makes 

a  daily  bag  limit  of  four. 


SENATE  BILL  No.  1437 

INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Twenty-six  </  of  the  Penal  Code,. 
Relating  to  the  Protection  of  Tree  Squirrels. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-six  g  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows: 

4  626#.     Every  person  who,  between  the  sixteenth  day  of  De- 

5  cember  and  the  thirty-first  day  of  August  of  the  following  year, 

6  hunts,  takes,  kills,  or  destroys,  or  has  in  his  possession,  any 

7  species  of  tree  squirrels,  or  who  at  any  time,  buys,  sells,  or 

8  offers  for  sale,  or  has  in  his  possession  for  sale,  any  tree  squirrel, 

9  is  guilty  of  a  misdemeanor,  and  every  person  who  takes,  kills, 

10  or  destroys,  or  has  in  his  possession  more  than  four  tree  squir- 

11  rels  during  any  one  calendar  day  is  guilty  of  a  misdemeanor. 


(HO) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1444. 

This  bill  changes  the  counties  comprising  the  first  and  second  fish  and  game 
districts  by  removing  Humboldt  and  Del  Norte  counties  from  the  first 
(present)  to  the  second  district,  to  which  they  belong  because  of  similarity 
of  wild  life  conditions  and  seasons;  changes  the  present  fourth  district  by 
dividing  the  deer  of  the  Sierra  Nevadas  from  the  earlier-maturing  deer  of 
the  Coast  range,  and  takes  Inyo  County  from  the  sixth  district,  with  which 
it  has  nothing  in  common,  placing  it  with  the  fourth  district. 

SENATE  BILL  No.  1438 


INTEODUCED  BY  SENATOB  HANS, 
(By  request,) 


February  3,  1913. 


Eeferred  to  Committee  ox  Fish  and  Game. 


an  act 

To  Amend  an  Act  Entitled  "An  Act  to  Divide  the  State  of  Cali- 
fornia Into  Six  Fish  and  Game  Districts/'  Approved  March 
21,  1911,  by  Amending  Sections  Two,  Three,  Five,  Six  and 

Seven. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  two  of  an  act  entitled    "An    act    to 

2  divide  the   State  of   California  into  six  fish  and  game  dis- 

3  tricts,"  approved  March  21,  1911,  is  hereby  amended  to  read 
.4      as  follows: 

5  Section  2.     The  first  fish  and  game  district  shall  consist  of 

6  and  include  the  counties  of  Siskiyou,  Modoc,  Lassen,  Shasta, 

7  Trinity  and  Tehama. 

8  Sec.  2.     Section  three  of  an  act  entitled  "An  act  to  divide 

9  the  State  of  California  into  six  fish  and  game  districts,"  ap- 
10     proved  March  21,  1911,  is  hereby  amended  to  read  as  follows : 

(ill) 


1  Section  3.     The  second  fish  and  game  district  shall  consist 

2  of  and  include  the  counties  of  Del  Norte,  Humboldt,  Mendo- 

3  cino,  Glenn,  Colusa,  Lake,  Sonoma,  Napa,  Yolo,  Solano,  Marin. 

4  Sec.  3.     Section  five  of  an  act  entitled  "An  act  to  divide 

5  the  State  of  California  into  six  fish  and  game  districts,"  ap- 

6  proved  March  21,  1911,  is  hereby  amended  to  read  as  follows : 

7  Section  5.     The  fourth  fish  and  game  district  shall  consist 

8  of  and  include  the  counties  and  those  parts  of  counties  de- 

9  scribed  as  follows:  Madera,  Tulare,  Inyo,  that  part  of  San 

10  Joaquin  county  east  of  the  west  bank  of  the  San    Joaquin 

11  river;  that  part  of  Stanislaus  county  east  of  the  west  bank 

12  of  the  San  Joaquin  river;  that  part  of  Merced  county  east 

13  of  the  west  bank  of  the  San  Joaquin    river;    that    part    of 

14  Fresno  county  east  of  the  west  bank  of  the  San  Joaquin  river ; 

15  Fresno   slough,   Fish   slough,    Summit  lake  and  Kings  river 

16  channel  between  Summit  lake  and  Tulare  lake;  that  part  of 

17  Kings  county  east  of  the  west  bank  of  Kings  river  between 

18  Summit  lake  and  Tulare  lake;  that  part  of  Kings  county  east 

19  of  the  west  bank  of  Tulare  lake  and  east  of  the  west  bank  of 

20  Bull  slough;  that  part  of  Kern  county  east  of  the  west  bank 

21  of  Bull  slough  and  the  west  bank  of  Buena  Vista  lake  to  the 

22  southwest  extremity  of  that  lake;  that  part  of  Kern  county 

23  on  the  northerly  side  from  this  point  to  the  southeast  corner 

24  of  section  eight,  township  ten  north,  range  twenty  west,  San 
2^  Bernardino  base  and  meridian  at  a  point  where  the  county 
2*>  road  cuts  said  section  corner,  such  a  point    being    on    the 

27  boundary  of  the  Fort'Tejon  rancho;  that  part  of  Kern  county 

28  on  the  northerly  side  of  a  line  from  this  point  following  the 

29  boundary  of  the  Fort  Tejon  rancho  to  where  this  boundary 

30  intersects  the  main  line  of  the  Southern  Pacific  railroad ;  that 

31  part  of  Kern  county  on  the  easterly  side  of  the  main  line  of 

32  the  Southern  Pacific  railroad  from  this  point  to  where  the  said 

33  railroad  crosses  the  south  line  of  Kern  county. 

34  Sec.  4.  Section  six  of  an  act  entitled  "An  act  to  divide 
3*  the  State  of  California  into  six  fish  and  game  districts,"  ap- 

36  proved  March  21,  1911,  is  hereby  amended  to  read  as  follows : 

37  Section  6.     The  fifth  fish  and  game  district  shall  consist  of 


(112) 


1  and  include  the  counties  and  those  parts  of  counties  described 

2  as  follows :  Contra  Costa,  Alameda,  San  Mateo,  San  Francisco, 

3  santa  Clara,   San  Benito,   Santa  Cruz,  Monterey,   San  Luis 

4  Obispo,  and  such  parts  of  San  Joaquin,  Stanislaus,  Merced, 

5  Fresno,  Kings  and  Kern  counties  not  included  in  fish  and 

6  game  district  number  four. 

7  Sec.  5.     Section  seven  of  an  act  entitled  "An  act  to  divide 

8  the  State  of  California  into  six  fish  and  game  districts,"  ap- 

9  proved  March  21,  1911,  is  hereby  amended  to  read  as  follows: 

10  Section  7.     The  sixth  fish  and  game  district  shall  consist  of 

11  and  include  the  counties  of  Santa    Barbara,    Ventura,    Los 

12  Angeles,   Orange,   San  Diego,  Imperial,  Riverside,  San  Ber- 

13  nardino. 


(U3) 

8—3873 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1443. 

An  Act  to  regulate  the  wholesale  dealing  in  fish  and  game.  This  fixes  a  license 
of  $10  for  citizens,  $100  for  aliens  and  corporations.  It  also  provides  for 
forfeiting  same  in  case  of  conviction  for  violation  of  the  game  and  fish  laws. 

SENATE  BILL  No.  1439 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 


February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  act 

To  Amend  Section  Three  of  an  Act  Entitled  "An  Act  to  Regulate 
the  Vocation  of  Dealing  in  Fish  and  in  Wild  Game  and 
Animals  by  Wholesale  for  Profit  and  to  Provide  Therefrom 
Revenue  for  the  Propagation  and  Restoration  of  Fish  and 
Game  in  the  State  of  California/'  Approved  April  14,  1911. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  three  of  an  act  entitled  "An  act  to 

2  regulate  the  vocation  of  dealing  in  fish  and  in  wild  game  and 

3  animals   by   wholesale   for   profit   and  to  provide  therefrom 

4  revenue  for  the  propagation  and  restoration  of  fish  and  game 

5  in  the  State  of  California,"  approved    April    14,    1911,    is 

6  hereby  amended  to  read  as  follows: 

7  Section   3.     Licenses  shall  be  issued  and  delivered    upon 

8  application  to  the  state  board  of  fish  and  game  commissioners, 

9  or  their  deputies.     The  licenses  herein  provided  for  shall  be 

10  issued  as  follows :  To  any  citizen  of  the  United  States  and  to 

11  any  person  who  has  duly  made  his  declaration  of  intention  to 

12  become  a  citizen  of  the  United  States,  as  provided  by  law, 

(114) 


1  upon  the  payment  of  ten  dollars;  to  any  person  not  a  citizen 

2  of  the  United  States  upon  the  payment  of  one  hundred  dol- 

3  lars;  to  any  corporation  upon  the  payment  of  one  hundred 

4  dollars.     Not  more  than  one  license  shall  be  issued  to  any  one 

5  person  or  corporation  for  the  same  year,  except  upon  an  affi- 

6  davit  by  the  applicant  that  the  one  issued  has  been  lost  or 

7  destroyed,  and  no  license  issued  as  herein  provided  shall  be 

8  transferable  or  used  by  any  other  person  than  the  one  to 

9  whom  it  was  issued.     Every  person  having  a  license  as  pro- 

10  vided  herein,  who  refuses  to  exhibit  such  license  upon  demand 

11  of  any  officer  authorized  to  .enforce  the  fish  and  game  laws  of 

12  this  state,  or  any  peace  officer  of  this  state,  or  who  transfers 

13  or  disposes  of  the  same  to  any  other  person  to  be  used  as  a 

14  license,  or  who  is  convicted  for  violating  any  of  the  fish  or 

15  game  laws  of  this  state,  shall  forfeit  this  license. 


(115) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1442. 

This  amendment  forbids  the  exportation  of  shrimp  or  shrimp  shells;  fixes  a 
close  season  on  spiny  lobsters  or  crawfish  of  the  months  of  November, 
December,  January,  and  February  (such  close  season  applying  to  all  lob- 
sters, thus  breaking  up  the  Mexican  monopoly  of  these  shellfish);  regulates 
the  crab  traffic,  limits  the  taking  of  catfish  to  hook  and  line,  with  an  8-inch 
size  limit  on  sale;  regulates  the  taking  of  abalones  by  season  and  size  limit 
on  the  different  species,  fixes  the  daily  limit,  and  forbids  diving  apparatus  in 
the  sixth  district. 

SENATE  BILL  No.  1440 


INTRODUCED  BY  SENATOR  HANS, 

(By  request,) 


February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  and  Twenty-eight  of  the  Penal 
Code  of  the  State  of  California,  Relating  to  the  Protection 
and  Preservation  of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-eight  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows: 

4  628.     Every  person  who,  at  any  time,  offers  for  shipment, 

5  ships,   or  receives  for  shipment,   or  transportation  from  the 

6  State  of  California  to  any  place  in  any  other  state,  territory 

7  or  foreign  country,  or  who  has  in  his  possession  for  any  pur- 

8  pose,  any  dried  shrimp,  or  shrimp  shells  of  shrimp  caught  or 

9  taken  in  the  waters  of  this  state,  is  guilty  of  a  misdemeanor; 
10  provided,  that  the  possession  of  such  dried  shrimp  or  shrimp 

(116) 


1  shells,  for  any  purpose,  shall  be  prima  facie  evidence  of  the 

2  fact  that  such  dried  shrimp  or  shrimp  shells  are  of  shrimps 

3  which  were  caught  or  taken  in  the  waters  of  this  state;  and 

4  every  person  Avho,  between  the  twenty-eighth  day  of  February 

5  and  the  thirty-first  day  of   October  inclusive,  of  each  year, 

6  buys,  sells,  takes,  catches,  or  kills,  or  has  in  his  possession,  any 

7  lobster,  or  crawfish,  less  than  nine  inches  in  length,  measured 

8  from  one  extremity  to  the  other,  exclusive  of  legs,  claws  or 

9  feelers;  or  who  shall,  at  any  time,  pickle,  can,  or  otherwise 

10  preserve,    any   lobster,    crab    {Cancer  magister)    or   crawfish, 

11  caught  or  taken  in  the  waters  of  this  state,  or  who  shall  at  any 

12  time,  sell  any   crab    {Cancer  magister),   lobster,   or  crawfish 

13  meat  not  in  the  shell  of  such  crab  {Cancer  magister),  lobster 

14  or  crawfish,  or  who  shall  bring  to  shore  any  part  or  portion  of 

15  any  lobster,  crab   {Cancer  magister)   or  crawfish,  without  the 

16  remaining  portions  of  said  lobster,  crab  {Cancer  magister)  or 

17  crawfish,  in  such  condition  that  the  size  of  such  lobster,  crab 

18  {Cancer  magister),  or  crawfish  cannot  be  measured,  is  guilty 

19  of  a  misdemeanor.     Every  person  who  at  any  time  takes,  or 

20  catches,   any   catfish   other  than   with   hook   and  line   in  the 

21  manner  commonly  known  as  angling,  or  who  at  any  time  has 

22  in   his   possession   for  sale,   or  sells,   or   offers   for  sale,   any 

23  dressed  catfish  less  than  eight  inches  in  length,  not  including 

24  the  head,  or  who  at  any  time,  kills,  or  has  in  his  possession. 

25  any  sturgeon  of  less  than  twenty-five  pounds  in  weight,  or 

26  who,  between  the  first  day  of  August  and  the  fifteenth  day  of 

27  November  of  any  year  buys,  sells,  takes,  catches,  kills,  or  has 
in  his  possession,  any  crab  {Cancer  magister),  or  who  at  any 
time  buys,  sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in 
his  possession  any  female  crab  {Cancer  magister),  or  any  crab 


28 
29 
30 


31  {Cancer  magister)  which  shall  measure  less  than  seven  inches 

32  across  the  back,  or  any  person  who,  between  the  first  day  of 

33  March  and  the  first  day  of  July  of  any  year  kills,  takes,  or 

34  catches   in  the  waters   of  this  state   any   abalone    {Haliotis) 

35  known  to  commerce  as  the  red  abalone   {Haliotis  refuscens) 

36  less  than  seventeen  inches  around  the  outer  edge  of  the  shell, 

37  or   any   green   abalone    {Haliotis   fulgens)    less   than   sixteen 

(117) 


1  inches  around  the  outer  edge  of  the  shell,  or  any  pink  abalone 

2  (Haliotis   corrugata)    less   than   fourteen   inches   around   the 

3  outer  edge  of  the  shell,  or  any  black  abalone  (Haliotis  crack- 

4  erodie)  less  than  twelve  inches  around  the  outer  edge  of  the 

5  shell;   or   who   by   any   means   whatsoever   takes,    or   catches, 

6  between  the  first  day  of  July  and  the  twenty-eighth  day  of 

7  February    the    red    abalone    (Haliotis    refuscens),    seventeen 

8  inches  or  over  around  the  outer  edge  of  the  shell,  or  the  green 

9  abalone   (Haliotis  fulgens),  sixteen  inches  or  over  around  the 

10  outer  edge  of  the  shell,  or  the  pink  abalone   (Haliotis  corru- 

11  gata),  fourteen  inches  or  over  around  the  outer  edge  of  the 

12  shell,  or  the  black  abalone  (Haliotis  crackerodie) ,  twelve  inches 

13  or  over  around  the  outer  edge  of  the  shell,  and  does  not  bring 

14  the  abalone  naturally  attached  to  the  shell  alive  to  the  shore, 

15  above  high  water  mark,  or  who  kills  any  abalone   (Haliotis) 

16  of  lawful  size,  other  than  for  food  purposes,  or  who  takes, 

17  catches,  or  kills  any  abalone   (Haliotis)   in  any  of  the  waters 

18  of  this  state  with  spears  or  grab-hooks,  is  guilty  of  a  misde- 

19  meanor.     Every  person  who  in  game  district  six  uses  any  div- 

20  ing  apparatus  for  taking  or  catching  any  abalone  (Haliotis), 

21  or  who  takes,  catches,  kills,  or  has  in  his  possession  more  than 

22  twenty  abalones  (Haliotis)  any  one  calendar  day,  is  guilty  of 

23  a  misdemeanor. 


(118) 


•IDENTICAL.  WITH  ASSEMBLY  BILL  NO.  1441. 

This  proposed  amendment  fixes  bag  limits,  daily  and  weekly,  on  duck,  quail, 
doves,  snipe,  or  shore  birds,  grouse,  rabbits  in  some  districts,  sage  hens; 
fixes  a  bag  limit  for  the  first  time  for  geese  and  band-tailed  pigeons. 
Limits  are,  ducks,  25  per  day,  50  per  week;  geese,  25;  valley  quail,  15; 
mountain   quail,   10  per  day,  30  per  week. 

SENATE  BILL  No.  1441 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  act 

To  Amend  Section  Six  Hundred  Twenty-six  d  of  the  Penal  Code, 
Relating  to  the  Protection  of  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty-six  d  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows : 

4  626d.     Every  person  who,  during  any  one    calendar    day, 

5  takes,  kills,  or  destroys,  or  has  in  his  possession  or  in  the  pos- 

6  session  of  any  other  person,  transportation  company  or  com- 

7  mon  carrier,  or  cold  storage  company,  for  his  use  or  benefit, 

8  more  than  twenty-five  wild  ducks  or  black  sea  brant,  or  more 

9  than  fifty  wild  ducks  between  sunrise  of  one  Sunday  and  sun- 

10  rise  of  the  following  Sunday ;  or  who  during  any  one  calendar 

11  day,  takes,  kills,  or  destroys,  or  has  in  his  possession  or  in  the 

12  possession  of  any  other  person,  transportation  company,   or 

13  common  carrier  or  cold  storage  company  for  his  use  or  benefit 

(119) 


1  more  than  twenty-five  wild  geese,  or  who  during  any  one  calen- 

2  dar  day,  takes,  kills  or  destroys,  or  has  in  his  possession,  or  in 

3  the  possession  of  any  other  person,  transportation  company, 

4  common  carrier,  or  cold  storage  company,  for  his  use  or  benefit, 

5  more  than  fifteen  desert  or  valley  quail,  or  ten  mountain  quail, 

6  or  more  than  thirty  desert  or  valley  or  mountain  quail  between 

7  sunrise  of  one  Sunday  and  sunrise  of  the  following  Sunday,  or 

8  who  during  any  one  calendar  day  has  in  his  possession,  or  in 

9  the  possession  of  any  other  person,    transportation    company, 

10  common  carrier,  or  cold  storage  company,  for  his  use  or  benefit, 

11  more  than   twenty  doves,  or   more   than   twenty  shore    birds 

12  (Limicolce)  between  sunrise  of  one  Sunday  and  sunrise  of  the 

13  following  Sunday  or  more  than  fifteen  band  tail  or  wild  pigeon, 

14  or  more  than  four  grouse,  or  more  than  four  sage  hens,  or  more 

15  than  fifteen  cottontail  or  bush  rabbits ;  provided,  that  in  game 

16  district  number  three  every  person  who  in  any  one  calandar 

17  day,  takes,  kills,  or  destroys  or  has  in  his  possession,  or  in  the 

18  possession  of  any  other  person,  transportation  company,  com- 

19  mon  carrier,  or  cold  storage  company,  more  than  five  cotton- 

20  tail  or  bush  rabbits,  is  guilty  of  a  misdemeanor. 


(120) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1440. 

Section  635'/2  is  amended  hereby  to  permit  the  use  of  trammel  nets  in  the  waters 
of  the  sixth  district  of  not  less  than  iy2  inches  mesh,  giving  one  year  for  the 
disposition  of  nets  of  less  than  that  mesh  now  in  possession. 

SENATE  BILL  No.  1442 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  and  Thirty-five  and  One  Half  of 
the  Penal  Code  of  the  State  of  California. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  thirty-five  and  one-half 

2  of  the  Penal  Code  of  the  State  of  California  is  hereby  amended 

3  to  read  as  follows: 

4  635J.     Every  person  who,  at  any  time  shall  cast,  extend,  or 

5  use  any  two  mesh  or  three  mesh  net  or  trammel  net,  for  the 

6  catching  of  fish,  shrimp,  or  shellfish  in  the  waters  of  this  state  is 

7  guilty  of  a  misdemeanor,  and  is  punishable  by  a  fine  of  not  less 

8  than  one  hundred  dollars  nor  more  than  five  hundred  dollars, 

9  or  by  imprisonment  in  the  county  jail  in  which  the  conviction 

10  shall  be  had  not  less  than  fifty  days  nor  more  than  one  hun- 

11  dred  and  fifty  days,  or  by  both  such  fine  and  imprisonment; 

12  provided,  that  in  fish  and  game  district  number  six  it  shall  be 

13  lawful  to  cast,  extend,  or  use  any  three  mesh  or  trammel  net 

14  any  of  the  meshes  of  which  are,  when  drawn  closely  together 

(121) 


1  and  measured  inside  the  knot,  less  than  seven  and  one  half 

2  inches  in  length,  for  taking  or  catching  fish,  shrimp,  or  shell- 

3  fish  in  the  ocean  waters  thereof;  provided,  further,  that  in 

4  game  district  number  six  every  person  who  shall  cast,  extend, 

5  or  use  any  three  mesh  or  trammel  net  for  the  taking  or  catching 
G  of  fish,  shrimp,  or  shellfish  within  one  mile  from  the  ocean 

7  shore  line  thereof  is  guilty  of  a  misdemeanor,  and  is  punish- 

8  able  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more 

9  than  five  hundred  dollars,  or  imprisonment  in  the  county  jail 

10  in  the  county  in  which  the  conviction  shall  be  had  not  less  than 

11  fifty  days  nor  more  than  one  hundred  and  fifty  days,  or  by  both 

12  such  fine  and  imprisonment;    and  all  fines   and  forfeitures 

13  imposed  and  collected  for  any  violation  of  any  of  the  provi- 

14  sions  of  this  section  shall  be  paid  into  the  fish  and  game  preser- 

15  vation  fund. 


(122) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1439. 

This  proposed  law  defines  game  birds,  non-game  birds,  and  predatory  birds, 
prohibits  traffic  in  skins  or  plumage  of  non-game  birds,  and  gives  specific 
permission  to  kill  certain  species  in  certain  sections,  and  allows  killing,  but 
neither  shipping  nor  selling  of  wild  birds  by  owners  or  tenants  where  such 
birds  are  found  destroying  crops.  Certain  fish-destroying  birds  are 
exempted  from   protection  by  this  bill. 

SENATE  BILL  No.  1443 


INTEODUCED  BY  SENATOB  HANS, 
(By  request,) 


February  3,  1913. 


Keferred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Thirty-seyen  a  of  the  Penal  Code 
of  the  State  of  California  Belating  to  the  Protection  of 
Fish  and  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  thirty-seven  a  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows : 

4  637a.     Every  person  in  the  State  of  California  who  shall  at 

5  any  time  kill  or  catch,  or  have  in  his  possession,  living  or  dead, 

6  any  wild  bird  other  than  a  game  bird,  or  who  shall  purchase, 

7  offer  or  expose  for  sale,  transport  or  ship  within  or  out  of  the 

8  state,  any  such  wild  bird  after  it  has  been  killed  or  caught, 

9  except  as  permitted  by  this  act,  shall  be  guilty  of  a  misde- 

10  meanor.     No  part  of  the  plumage,  skin  or  body  of  any  bird 

11  protected  by  this  section  shall  be  sold  or  had  in  possession  for 

12  sale,  irrespective  of  whether  said  bird  was  captured  or  killed 

(123) 


1  within  or  without  the  state.    For  the  purposes  of  this  act  the 

2  following  only  shall  be  considered  game  birds:  The  Anatidce, 

3  commonly  known  as  swans,  geese,  brant,  and  river  and  sea 

4  ducks ;  the  Rallidce,  commonly  known  as  rails,  coots,  mud-hens, 

5  and  gallinules;  the  Limicolce,  commonly  known  as  shore-birds, 

6  plover,  surf -birds,  snipe,  sand-pipers,  tattlers,  and  curlews ;  the 

7  Gallince,  commonly  known  as  wild  turkeys,  grouse,  prairie-chick- 

8  ens,  pheasants,  partridges,  and  quails ;  the  species  of  Colitm- 

9  bidce,  known  as  wild  pigeons  and  doves,  and  the  birds  known  as 

10  reed  birds,  robins,  blackbirds,  and  meadowlarks.     All  other 

11  species  of  wild  birds,  either  resident  or  migratory,  shall  be  con- 

12  sidered  non-game  birds;  provided,  that  the  English  or  Euro- 

13  pean  house-sparrow,  the  great-horned  owl,  sharp-shinned  hawk, 

14  Cooper's  hawk,  duck-hawk,  butcher-bird,  blue-jay,  house  finch, 

15  commonly  known  as  California  linnet,  crow,  magpie  and  the 

16  king-fisher,  are  not  included  among  the  birds  protected  by  this 

17  act ;  and  provided,  further,  that  the  wood  duck  is  hereby  taken 

18  from  the  list  of  game  birds,  and  added  to  the  list  of  non-game 

19  birds ;  provided,  further,  that  nothing  in  this  section  shall  pro- 

20  hibit  the  killing  of  a  meadowlark,  robin,  or  other  wild  bird, 

21  by  the  owner  or  tenant  of  any  premises,  where  such  bird  is 

22  found   destroying  berries,    fruit   or   crops   growing   on   such 

23  premises,  but  the  birds  so  killed  shall  not  be  shipped  or  sold ; 

24  provided,  further,  that  in  game  district  number  one  of  the  State 

25  of  California,  it  is  lawful  to  hunt,  pursue,  take,  kill,  destroy,  or 

26  have  in  possession,  the  blue  heron;  provided,  further,  that  in 

27  game  districts  numbers  two,  three,  four,  and  six,  it  is  lawful  to 

28  hunt,  pursue,  take,  kill,  destroy  or  have  in  possession  the  birds 

29  known  as  pelicans,  shag  or  cormorant ;  and  nothing  in  this  act 

30  shall  prevent  a  citizen  of  California  from  taking  or  keeping  any 

31  wild  non-game  birds  as  domestic  pets  if  such  birds  shall  not  be 

32  sold  or  offered  for  sale,  or  transported  out  of  the  state,  a  permit 

33  to  keep  the  same  having  first  been  obtained  from  the  state  board 

34  of  fish  and  game  commissioners. 


(124) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1438. 

This  amendment  modifies  the  deer  law  by  fixing  seasons  in  the  various  districts 
in  conformity  with  the  Fish  and  Game  Commission  survey  of  life  zones  and 
conditions  affecting  the  deer. 

SENATE  BILL  No.  1444 


INTRODUCED  BY  SENATOR  HANS, 

(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Twenty-six/  of  the  Penal  Code, 
Relating  to  the  Protectiox  and  Preservation  of  Male  Deer. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty-six/  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows : 

4  626/.     Every   person   who   hunts,    pursues,    takes,    kills   or 

5  destroys,  or  has  in  his  possession,  whether  taken  or  killed  in 

6  the  State  of  California,  or  shipped  into  the  state  from  any  other 

7  state,  or  territory,  or  foreign  country,  any  male  deer,  or  any  deer 

8  meat,  is  guilty  of  a  misdemeanor  except  as  hereinafter  pro- 

9  vided;  provided,  that  every  person  in  game  district  number 

10  one  of  the  State  of  California  who  between  the  thirty-first  day 

11  of  October  and  the  first  clay  of  September  of  the  following  year, 

12  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession, 

13  whether  taken  or  killed  in  the  State  of  California,  or  shipped 

14  into  the  state  from  any  other  state,  or  territory,  or  foreign 

15  country,  any  male  deer  or  any  deer  meat,  is  guilty  of  a  misde- 

ed) 


1  meanor;  provided,  further,  that  every  person  in  game  districts 

2  numbers  two  and  five  of  the  State  of  California  who  between 

3  the  thirtieth  day  of  September  and  the  first  day  of  August  of 

4  the  following  year,  hunts,  pursues,  takes,  kills  or  destroys,  or 

5  has  in  his  possession,  whether  taken  or  killed  in  the  State  of 

6  California,  or  shipped  into  the  state  from  any  other  state,  or 

7  territory,  or  foreign  country,  any  male  deer  or  any  deer  meat,  is 

8  guilty  of  a  misdemeanor;  provided,  further,  that  every  person 

9  in  game  district  number  three  of  the  State  of  California  who 

10  between  the  fifteenth  day  of  November  and  the  first  day  of 

11  September  of  the  following  year,  hunts,  pursues,  takes,  kills, 

12  or  destroys,  or  has  in  his  possession,  whether  taken  or  killed  in 

13  the  State  of  California,  or  shipped  into  the  state  from  any  other 

14  state,  or  territory,  or  foreign  country,  any  male  deer  or  any  deer 

15  meat,  is  guilty  of  a  misdemeanor ;  provided,  further,  that  every 

16  person  in  game  district  number  four  of  the  State  of  California 

17  who  between  the  thirty-first  day  of  October  and  the  sixteenth 

18  day  of  September  of  the  following  year,  hunts,  pursues,  takes, 

19  kills,  or  destroys,  or  has  in  his  possession,  whether  taken  or 

20  killed  in  the  State  of  California,  or  shipped  into  the  state  from 

21  any  other  state,  or  territory,  or  foreign  country,  any  male  deer 

22  or  any  deer  meat,  is  guilty  of  a  misdemeanor;  provided,  fur- 

23  ther,  that  every  person  in  game  district  number  six  of  the  State 

24  of  California  who  between  the  fifteenth  day  of  September  and 

25  the  sixteenth  day  of  August  of  the  following  year,  hunts,  pur- 

26  sues,  takes,  kills,  or  destroys,  or  has  in  his  possession  whether 

27  taken  or  killed  in  the  State  of  California,  or  shipped  into  the 

28  state  from  any  other  state,  or  territory,  or  foreign  country,  any 

29  male  deer  or  deer  meat,  is  guilty  of  a  misdemeanor. 


(126) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1437. 

This  measure  provides  for  an  appropriation  of  $60,000  to  be  devoted  to  hatchery 
and  other  fish  work  for  the  sixty-fifth  and  sixty-sixth  fiscal   years. 


SENATE  BILL  No.  1445 

INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

Providing  for  an  Appropriation  for  the  Restoration  and  Pres- 
ervation of  Fish  for  the  Sixty-fifth  and  Sixty-sixth  Fiscal 
Years. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     There  is  hereby  appropriated  out  of  any  money 

2  in  the  state  treasury  not  otherwise  appropriated,  the  sum  of 

3  sixty  thousand  dollars,  to  be  expended  by  the  board  of  fish 

4  and  game  commissioners  for  the  restoration  and  preservation 

5  of  fish  for  the  sixty-fifth  and  sixty-sixth  fiscal  years. 

6  Sec.  2.     The  state  controller  is  hereby  directed  to  draw  his 

7  warrant  in  favor  of  the  board  of  fish  and  game  commissioners 

8  for  the  money  herein  appropriated  and  the  state  treasurer  is 

9  hereby  directed  to  pay  said  warrants. 


(127) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1436. 

New  Act.     This  fixes  the  limits  within  which  netting  may  be  done  in  the  fourth 
district  on  the  San  Joaquin    River. 

SENATE  BILL  No.  1446 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Cali- 
fornia, to  be  Numbered  Six  Hundred  and  Thirty-four  a, 
Relating  to  the  Protection  and  Preservation  of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal 

2  Code  of  the  State  of  California  to  be  numbered  six  hundred  and 

3  thirty-four  a,  and  to  read  as  follows : 

4  634a.     Every  person  who  in  fish  and  game  district  number 

5  four  casts,  extends,  or  uses  any  seine,  gill-net,  or  dragnet,  to 

6  take  any  fish,  or  who  takes,  catches,  kills,  or  destroys,  or  has  in 

7  his  possession  any  fish  which  have  been  taken,  caught,  or  killed 

8  except  with  hook  and  line,  and  in  the  manner  commonly  known 

9  as  angling,  except  in  the  San  Joaquin  river  and  its  tributaries 

10  north  of  the  Southern  Pacific  bridges  crossing  said  river  and 

11  tributaries  between  the  towns  of  Banta  and  Lathrop,  San  Joa- 

12  quin  county,  is  guilty  of  a  misdemeanor.     Every  person  found 

13  guilty  of  any  violation  of  any  of  the  provisions  of  this  section 

14  must  be  fined  in  a  sum  not  less  than  twenty  dollars  nor  more 

15  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 

(128) 


1  jail  of  the  county  in  which  the  conviction  is  had  not  less  than 

2  ten  days  nor  more  than  one  hundred  and  .fifty  days,  or  by  both 

3  such  fine  and  imprisonment;  all  fines  and  forfeitures  imposed 

4  and  collected  for  any  violation  of  the  provisions  of  this  section 

5  must  be  paid  into  the  state  treasury  to  the  credit  of  the  fish  and 

6  game  preservation  fund.     Nothing  in  this  section  prohibits  the 

7  United  States  fish  commission  and  the  fish  and  game  commis- 

8  sion  from  taking  at  all  times  such  fish  as  they  deem  necessary 

9  for  purposes  of  propagation  and  scientific  purposes,  nor  the 

10  taking  or  catching  of  bait  with  a  minnow  net  not  larger  than 

11  four  feet  wide  by  fifteen  feet  long. 


(129) 

9—3873 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1435. 

New  sections.     This   section  fixes   penalties  for  violations  of  the   general    laws, 
and  increases  (doubles)  the  penalties  for  infractions  of  the  deer  law. 

SENATE  BILL  No.  1447 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 


February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

To  Amend  Section  Six  Hundred  Thirty-one  a,  Section  Six  Hundred 
Thirty-one  b,  Section  Six  Hundred  Thirty-one  c  of  the 
Penal  Code  of  the  State  of  California  and  to  Add  Thereto 
Three  New  Sections  to  be  Numbered  Six  Hundred  Thirty- 
one  d,  Six  Hundred  Thirty-one  e  and  Six  Hundred  Thirty- 
one  f,  All  Relating  to  the  Protection  of  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  thirty-one  a  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read 

3  as  follows: 

4  631a.     Every  person  found  guilty  of  a  violation  of  any  of 

5  the  provisions  of  section  six  hundred  twenty-six,  six  hundred 

6  twenty-six  a,  six  hundred  twenty-six  b,  six  hundred  twenty-six 

7  c,  six  hundred  twenty-six  d,  six  hundred  twenty-six  g,  six 

8  hundred  twenty-six  h,  six  hundred  twenty-six  i,  six  hundred 

9  twenty-six  j,  six  hundred  twenty-six  k,  six  hundred  twenty- 

10  six  m,  six  hundred  twenty-six  n,  six  hundred  twenty-six  or 

11  six  hundred  twenty-seven,   six  hundred   twenty-seven   a,  six 

(130) 


1  hundred   twenty-seven   b,   and   six   hundred   thirty-one   must 

2  be  fined  in  a  sum  not  less  than  twenty-five  dollars,  nor  more 

3  than  five  hundred  dollars,  or  imprisonment  in  the  county  jail 

4  of  the  county  in  which  the  conviction  shall  be  had,  not  less 

5  than  twenty-five  days  or  more  than  one  hundred  and  fifty  days,. 

6  or  by  both  such  fine  and  imprisonment. 

7  Sec.  2.     Section  six  hundred  thirty-one  c  of  the  Penal  Code 

8  of  the  State  of  California  is  hereby  amended  to  read  as  follows : 

9  631c.     Every   person  found   guilty  of  a  violation  of  any 

10  of  the  provisions  of  section  six  hundred  twenty-six  e  must  be 

11  fined  in  a  sum  not  less  than  one  hundred  dollars,  nor  more 

12  than  five  hundred  dollars,  or  imprisonment  in  the  county  jail 

13  of  the  county  in  which  the  conviction  shall  be  had,  not  less 

14  than  fifty  days  nor  more  than  one  hundred  and  fifty  days, 

15  or  by  both  such  fine  and  imprisonment. 

16  Sec.  3.     Section  six  hundred  thirty-one  b  of  the  Penal  Code 

17  of  the  State  of  California  is  hereby  amended  to  read  as  follows : 

18  631&.     All  fines  or  forfeitures  paid  or  collected  for  the  viola- 

19  tion  of  any  of  the  provisions  of  sections  six  hundred  twenty-six, 

20  six  hundred  twenty-six  a,  six  hundred  twenty-six  b,  six  hundred 

21  twenty-six  c,  six  hundred  twenty-six  d,  six  hundred  twenty-six 

22  6f  six  hundred  twenty-six  /,  six  hundred  twenty-six  g,  six  hun- 

23  dred   twenty-six   h,   six   hundred   twenty-six   i,   six   hundred 

24  twenty-six  j,  six  hundred  twenty-six  k,  six  hundred  twenty-six 

25  m}  six  hundred  twenty-six  n,  six  hundred  twenty-six  o,  six 

26  hundred  twenty-six  p,  six  hundred  twenty-seven,  six  hundred 

27  twenty-seven    a,    six    hundred   twenty-seven    b,   six   hundred 

28  thirty-one,  six  hundred  thirty-one  e  and  six  hundred  thirty- 

29  one  /  of  this  chapter,  must  be  paid  by  the  court  in  which  the 

30  conviction  shall  be  had  or  forfeiture    made    into    the    state 

31  treasury  to  the  credit  of  the  game  preservation  fund,  which 

32  fund  is  hereby  created,  and  the  moneys  in  said  fund  shall  be 

33  applied  to  the  payment  of  claims  approved  by  the  game  com- 

34  missioner  or  the  state  board  of  fish  commissioners  for  the 

35  expense  of  protecting,  restoring,  and  introducing  game  into 

36  the  state,  and  to  the  payment  of  the  expenses  incurred  in  the 


(131) 


1  prosecution  of  offenders  against  the  provisions  of  the  above 

2  named  sections. 

3  Sec.  4.     A  new  section  is  hereby  added  to  the  Penal  Code  of 

4  the  State  of  California  to  be  numbered  six  hundred  thirty- 

5  one  e  and  to  read  as  follows : 

6  631e.     Every  person  found  guilty  of  a  violation  of  any  of 

7  the  provisions  of  section  six  hundred  twenty-six  /  must  be  fined 

8  in  a  sum  not  less  than  fifty  dollars  nor  more  than  five  hundred 

9  dollars,  or  imprisonment  in  the  county  jail  of  the  county  in 

10  which  the  conviction  shall  be  had,  not  less  than  fifty  days  nor 

11  more  than  one  hundred  and  fifty  days,  or  by  both  such  fine  and 

12  imprisonment. 

13  Sec.  5.     A  new  section  is  hereby  added  to  the  Penal  Code  of 

14  the  State  of  California  to  be  numbered  section  six  hundred 

15  thirty-one  f. 

16  631/.     Every  person  found  guilty  of  a  violation  of  any  of 

17  the  provisions  of  sections  six  hundred  thirty  seven  a,  six  hun- 

18  dred  thirty-seven  e  and  six  hundred  thirty-six  p  must  be  fined 

19  in  a  sum  not  less  than  ten  dollars  nor  more  than  five  hundred 

20  dollars,  or  imprisonment  in  the  county  jail  in  the  county  in 

21  which  the  conviction  shall  be  had,  not  less  than  ten  days  nor 

22  more  than  fifty  days,  or  by  both  such  fine  and  imprisonment. 

23  Sec.  6.     All  acts  and  parts  of  acts  in  conflict  with  this  act 

24  are  hereby  repealed. 


(132) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1433. 

This  proposed  amendment  fixes  seasons  and  bag  limits  on  the  various  kinds  of 
trout  in  the  different  districts;  regulates  fishing  in  the  mountain  lakes,  with 
a  view  to  prohibiting  the  taking  of  fish  at  times  to  interfere  with  spawning, 
and  provides  for  tidewater  steelhead  fishing  in  the  different  districts. 

SENATE  BILL  No.  1448 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Sections  Six  Hundred  and  Thirty-two  and  Six  Hundred 
and  Thirty-two  and  One  Half  of  the  Penal  Code  of  the 
State  of  California  Relating  to  the  Protection  and  Pres- 
ervation of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  thirty-two  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows : 

4  632.     Every  person  who,  in  game  district  one,  between  the 

5  thirtieth  day  of  November  and  the  first  day  of  May  of  the 

6  year  following,  buys,  sells,  offers  for  sale,  takes,  catches,  kills, 

7  or  has  in  his  possession,  any  variety  of  trout;  or  who  at  any 

8  time,  takes,  catches,  or  kills,  or  has  in  his  possession,  during  any 

9  one  calendar  day  more  than  fifty  trout;  or  who  at  any  time, 

10  takes,  catches,  kills,  or  has  in  his  possession,  during  any  one 

11  calendar  day,  trout,  the  total  weight  of  which  exceeds  ten 

12  pounds,  and  one  fish;  provided,  further,  that  in  game  district 

(133) 


j.  two,  every  person  who,  between  the  thirty-first  day  of  October 

2  and  the  sixteenth  day  of  April  of  the  year  following,  buys, 

3  sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in  his  posses- 

4  sion,  any  variety  of  trout  except  steelhead  trout;  provided, 

5  further,  that  in  game  district  three,  every  person  who,  between 

6  the  thirty-first  day  of  October  and  the  first  day  of  May  of  the 

7  year  following,  buys,  sells,  offers  for  sale,  takes,  catches,  kills, 
&  or  has  in  his  possession,  any  variety  of  trout  except  steelhead 
9  trout ;  or  who  at  any  time,  takes,  catches,  or  kills,  or  has  in  his 

10  possession,  during  any  one  calendar  day,  more  than  fifty  trout ; 

11  or  who  at  any  time  takes,  catches,  kills,  or  has  in  his  possession 

12  during  any  one  calendar  day,  trout,  other  than  steelhead  trout, 

13  and  Salmo  mykiss  henshawii,  and  Salmo  tahoensis  (also  known 

14  as  Salmo  regalis)  both  species  known  as  Tahoe  trout,  or  black 

15  spotted  trout,  the  total  weight  of  which  exceeds  ten  pounds  and 

16  one  fish;  provided,  further,  that  in  game  district  three,  every 

17  person  who,  between  the  thirty-first  day  of  October  and  the 

18  first  day  of  August  of  the  year  following,  buys,  sells,  offers 

19  for  sale,  takes,  catches,  kills,  or  has  in  his  possession,  any  trout 

20  taken  from  any  stream  two  miles  from  its  mouth,  toward  its 

21  source,  or  who  takes,  kills,  catches,  any  trout  within  twenty- 

22  five  hundred  feet  of  the  mouth  of  any  stream  flowing  into, 

23  lakes   Bigler    (Tahoe),   Donner,   and   Meadow  Dam  lake,   in 

24  Nevada  county,  Independence  in  Nevada  and  Sierra  counties, 

25  Silver,  and  Bear  River  dam  lake,  in  Amador  county,  Upper 

26  and  Lower  Blue  lakes,  and  Twin  lakes  at  the  source  of  Silver 

27  Fork  American  river,  in  Alpine  county,  and  Webber  and  Wood 
lakes  in  Sierra  county,  is  guilty  of  a  misdemeanor;  provided, 
further,  that  in  game  district  four,  every  person  who,  between 

30  the  thirtieth  day  of  November  and  the  first  day  of  May  of  the 

31  year  following,  buys,  sells,  takes,  catches,  kills,  or  has  in  his 

32  possession,  any  variety  of  trout,  except  steelhead  trout ;  or  who 

33  at  any  time,  takes,  catches,  or  kills,  or  has  in  his  possession, 

34  during  any  one  calendar  day,  more  than  fifty  trout ;  or  who  at 

35  any  time,  takes,  catches,  kills,  or  has  in  his  possession  during 

36  any  one  calendar  day,  trout,  other  than  steelhead  trout,  the 

37  total  weight  of  which  exceeds  ten  pounds,  and  one  fish;  pro- 


(134) 


28 
29 


1  vided,  further,  that  in  game  districts  five  and  six,  every  per- 

2  son  who,  between  the  thirty-first  day  of  October  and  the  first 

3  day  of  May  of  the  following  year,  buys,  sells,  takes,  catches, 

4  kills,  or  has  in  his  possession  any  variety  of  trout  except  steel- 

5  head  trout,  every  person  who,  buys,  sells,  takes,  catches,  kills, 

6  or  has  in  his  possession,  any  variety  of  trout,  except  steelhead 

7  trout,  or  who  at  any  time,  takes,  catches,  or  kills,  any  trout 

8  except  with  hook  and  line  in  the  manner  commonly  known  as 

9  angling,  or  who  at  any  time,  takes,  catches,  or  kills  or  has  in 

10  his  possession,  during  any  one  calendar  day,  more  than  fifty 

11  trout,  or  ten  pounds  and  one  fish,  other  than  steelhead  trout ; 

12  provided,  that  in  game  district  three,  every  person  who,  takes, 

13  catches,  or  kills,  or  has  in  his  possession,  during  any  one  cal- 

14  endar  day,  more  than  twenty  Salmo  mykiss  henshawii,  Salmo 

15  tahoerisis  (also  known  as  the  Salmo  regalis),  both  species  com- 

16  monly  known  as  cutthroat  trout,  Tahoe  trout,  or  black  spotted 

17  trout,  is  guilty  of  a  misdemeanor.     Every  person  found  guilty 

18  of  any  of  the  provisions  of  this  section  must  be  fined  in  a  sum 

19  not  less  than  twenty  dollars,  or  be  imprisoned  in  the  county 

20  jail  in  the  county  in  which  the  conviction  shall  be  had  not  less 

21  than  ten  days,  or  be  punished  by  both  such  fine  and  imprison- 

22  ment ;  and  all  fines  and  forfeitures  collected  for  any  violation 

23  of  any  of  the  provisions  of  this  section  must  be  paid  into  the 

24  state  treasury  to  the  credit  of  the  fish  and  game  preservation 

25  fund.    Nothing  in  this  section  prohibits  the  fish  and  game  com- 

26  mission  of  this  state  from  taking  at  all  times  such  trout  as  they 

27  deem  necessary  for  purposes  of  propagation  or  for  scientific 

28  purposes. 

29  Sec.  2.     Section  six  hundred  and  thirty-two  and  one  half  of 

30  the  Penal  Code  of  the  State  of  California  is  hereby  amended 

31  to  read  as  follows : 

32  632^.     Every  person  who,  between  the  first  day  of  November 

33  and  the  first  day  of  April  of  the  year  following,  takes,  catches, 

34  kills,  destroys,  or  has  in  his  possession,  taken  above  tide  water, 

35  any  steelhead  trout ;  every  person  who,  between  the  first  day  of 

36  April  and  the  thirty-first  day  of  October  of  the  same  year, 

37  takes,  catches,  kills,  destroys,  or  has  in  his  possession  any  steel- 

(135) 


1  head  trout  taken  above  tide  water,  which  have  been  caught  or 

9  killed  except  with  hook  and  line,  and  in  the  manner  commonly 

3  known  as  angling;  every  person  who,  between  the  first  day  of 

4  February  and  the  twentieth  day  of  November  of  the  same  year, 

5  buys,  sells,  offers  or  exposes  for  sale,  any  steelhead  trout ;  every 

6  person  who,  at  any  time,  takes,  catches,  kills,  destroys,  or  has 

7  in  his  possession,  any  steelhead  trout  taken  in  the  waters  of 

8  the  state,  which  have  been  taken,  caught,  or  killed,  except  with 

9  hook  and  line  and  in  the  manner  commonly  known  as  angling, 
IC  is  guilty  of  a  misdemeanor ;  every  person  who,  during  any  one 

11  calendar  day,  takes,  catches,  kills,  destroys,  or  has  in  his  posses- 

12  sion,  more  than  fifty  steelhead  trout,  or  ten  pounds  and  one 

13  fish,  or  one  fish  weighing  ten  pounds  or  over,  except  as  here- 

14  after  provided;  provided,  that  in  game  district  two,  every  per- 

15  son  who,  between  October  thirty-first  and  April  the  fifteenth 

16  of  the  following  year,  takes,  catches,  kills,  or  destroys,  any 

17  steelhead  trout,  above  tide  water,  except  that  steelhead  trout 

18  two  pounds  in  weight  or  over  may  be  taken  above  tide  water 

19  with  hook  and  line  in  the  manner  commonly  known  as  angling, 

20  between  January  first  and  March  first  of  the  same  year;  pro- 

21  vided,  further,  that  in  game  districts  five  and  six,  every  per- 

22  son  who,  between  the  thirty-first  day  of  October  and  the  first 

23  day  of  May  of  the  following  year,  takes,  catches,  kills,  or  has 

24  in  his  possession  any  steelhead  trout ;  every  person  who,  during 

25  any  one  calendar  day,  takes,  catches,  kills,  destroys,  or  has  in 

26  his  possession,  more  than  fifty  steelhead  trout,  or  ten  pounds 

27  and  one  fish,  or  one  fish  weighting  ten  pounds  or  over,  is  guilty 

28  of  a  misdemeanor;  provided,  further,  except  in  Bear  Valley 

29  lake,  San  Bernardino  county,  every  person  may  during  the 

30  open   season,    take,    catch,   kill,    or   destroy,    or   have   in   his 

31  possession,   steelhead  trout,  not  to  exceed  thirty  pounds  in 

32  weight  and  one  fish;  provided,  farther,  that  where  steelhead 

33  trout  have  been  or  may  be  planted  in  streams  that  do  not  have 

34  a  run  of  steelhead  trout  direct  from  the  ocean  or  salt  water 

35  bays,  the  same  law  shall  apply  to  them,  as  to  all  other  trout, 

36  except    where   they    are   specifically   mentioned    in   this   act. 

37  Nothing  herein  shall  apply  to  domestically  reared  steelhead 


(136) 


1  trout.     Every  person  found  guilty  of  any  violation  of  any  of 

2  the  provisions  of  this  section  must  be  fined  in  a  sum  not  less 

3  than  twenty  dollars,  or  be  imprisoned  in  the  county  jail  in  the 

4  county  in  which  the  conviction  shall  be  had,  not  less  than  ten 

5  days,  or  by  both  such  fine  and  imprisonment,  and  all  fines  and 

6  forfeitures  collected  for  any  violation  of  any  of  the  provisions 

7  of  this  section  must  be  paid  into  the  state  treasury  to  the 

8  credit  of  the  fish  and  game  preservation  fund.     Nothing  in 

9  this  section  prohibits  the  fish  and  game  commission  of  this 

10  state  from  taking  at  all  times  such  trout  as  they  deem  necessary 

11  for  the  purpose  of  propagation  or  for  scientific  purposes. 


(137) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1434. 

This  amendment  fixes  fines  and  penalties  for  violations  of  the  game  and  fish 
laws,  minimum  $20,  maximum  $500,  imprisonment  20  days  to  150  days,  or 
both. 

SENATE  BILL  No.  1449 


INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  and  Twenty-eight  d  of  the  Penal 
Code  of  the  State  of  California. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-eight  d  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows: 

4  628d     Every  person  found  guilty  of  violation  of  the  provi- 

5  sions  of  sections  six  hundred  and  twenty-eight,  six  hundred 

6  and  twenty-eight  a,  six  hundred  and  twenty-eight  b,  six  hun- 

7  dred  and  twenty-eight  c,  six  hundred  and  twenty-eight  e,  and 

8  six  hundred  and  twenty-eight  f  shall  be  punished  by  a  fine  not 

9  less  than  twenty  dollars  nor  more  than  five  hundred  dollars 

10  or  by  imprisonment  in  the  county  jail  in  the  county  in  which 

11  the  conviction  is  had  not  less  than  twenty  days  nor  more  than 

12  one  hundred  fifty  days,  or  by  both  such  fine  and  imprisonment. 

13  All  fines  or  forfeitures  imposed  and  collected  for  any  violation 

14  of  any  of  the  provisions  of  said  sections  must  be  paid  into  the 

15  state  treasury  to  the  credit  of  the  fish  and  game  preservation 

16  fund. 

(138) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1432. 
This  section  relates  to  doves,  fixing  seasons  in  the  various  districts. 

SENATE  BILL  No.  1450 


INTEODUCED  BY  SENATOE  HANS, 
(By  request,) 

February  3,  1913. 


Eeferred  to  Committee  ox  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Twenty-six  a  of  the  Penal  Code, 
Eelating  to  the  Protection  oe  Doves. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty-six  a  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows : 

4  626a.     Every  person  who  hunts,  takes,  kills,  pursues,  de- 

5  stroys,  or  has  in  his  possession,  any  dove,  except  as  hereinafter 

6  provided,  is  guilty  of  a  misdemeanor;  provided,  that  in  game 

7  districts  numbers  one  and  three,  every  person  who  between  the 

8  first  day  of  October  and  the  fifteenth  day  of  July  of  the  year 

9  following  inclusive,  hunts,  takes,  kills,  pursues,  destroys,  or 

10  has  in  his  possession,  any  dove,  is  guilty  of  a  misdemeanor; 

11  provided,  further,  that  in  game  district  number  two  of  the 

12  State  o"f  California,  every  person  who  between  the  sixteenth 

13  day  of  October  and  the  thirty-first  day  of  August  of  the  year 

14  following  inclusive,  hunts,  takes,  kills,  pursues,  destroys,  or 

15  has  in  his  possession,  any  dove,  is  guilty  of  a  misdemeanor; 

16  provided,  further,  that  in  game  district  number  four  of  the 

(139) 


1  State  of  California,  every  person  who  between  the  sixteenth 

2  day  of  October  and  the  fifteenth  day  of  August  of  the  year 

3  following  inclusive,  hunts,  takes,  kills,  pursues,  destroys,  or  has 

4  in  his  possession,  any  dove,  is  guilty  of  a  misdemeanor;  pro- 

5  vided,  further,  that  in  game  district  number  six  of  the  State 

6  of  California  every  person  who  between  the  first  day  of  Octo- 

7  ber  and  the  fifteenth  day  of  August  of  the  year  following  inclu- 

8  sive,  hunts,  takes,  kills,  pursues,  destroys,  or  has  in  his  pos- 

9  session,  any  dove,  is  guilty  of  a  misdemeanor ;  provided,  further, 

10  that  in  game  district  number  five  of  the  State  of  California 

11  every  person  who  hunts,  takes,  kills,  pursues,  destroys,  or  has 

12  in  his  possession,  any  dove  is  guilty  of  a  misdemeanor. 


(140) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1458. 

This  proposed  law  relates  to  the  sale  of  game  birds  and  animals.     Prohibits  sale 
of  duck,  quail,  dove,  snipe,  deer  meat,  etc. 


SENATE  BILL  No.  1451 

INTRODUCED  BY  SENATOR  HANS, 

(By  request,)  ■ 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  Six  Hundred  Twenty-six  7c  of  the  Penal  Code, 
Relating  to  the  Protection  of  Fish  and  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  twenty-six  k  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows : 

4  626&.     Every  person  who  buys,  sells,  offers,  or  exposes  for 

5  sale,  barter  or  trade"  any  quail,  wild  duck,    partridge,    dove, 

6  pheasant,  grouse,  sage  hen,  rail,  ibis,  plover,  or  any  snipe,  or 

7  other  shore  bird  (Limicolce) ,  meadow  lark,  blackbird,  or  robin, 

8  or  any  deer  meat,  whether  taken  or  killed  in  the  State  of  Cali- 

9  fornia  or  shipped  into  the  state  from  any  other  state,  territory 
10  or  foreign  country  is  guilty  of  a  misdemeanor. 


(141) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1459. 

This  bill  proposes  to  protect  the  spawning  grounds  of  the  sea  fish  about  Santa 
Catalina  Island  by  closing  the  waters  thereof  to  all  commercial  fishery. 

SENATE  BILL  No.  1452 


INTBODUCED  BY  SENATOB  HANS, 
(By  request,) 

February  3,  1913. 


Beferred  to  Commitee  on  Fish  and  Game. 


AN  ACT 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Cali- 
fornia to  be  Numbered  Six  Hundred  Thirty-four  and  One 
Half,  Eelating  to  the  Protection  of  Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal 

2  Code  of  the  State  of  California  to  be  numbered  six  hundred 

3  thirty-four  and  one  half  and  to  read  as  follows: 

4  634J.     Every  person  who  takes,  catches,  or  kills  any  fish 

5  except  with  hook  and  line  in  the  manner  commonly  known  as 

6  angling  within  three  miles  of  shore  line  of  Santa  Catalina 

7  Island,   is   guilty  of  a  misdemeanor.      Every    person    found 

8  guilty  of  any  of  the.  provisions  of  this  section  must  be  fined 

9  not  less  than  twenty  dollars  nor  more  than  five  hundred  dol- 

10  lars,  or  be  imprisoned  in  the  county  jail  of  the  county  in 

11  which  the  conviction  shall  be  had,  not  less  than  ten  days  nor 

12  more  than  one  hundred  and  fifty  days,  or  be  punished  by 

13  both  such  fine  and  imprisonment;  and  all  fines  or  forfeitures 

14  imposed  and  collected  for  any  violation  of  any  of  the  pro- 

(142) 


1  visions  of  this  section  must  be  paid  into  the  state  treasury  to 

2  the  credit  of  the  fish  and  game  preservation  fund.     Nothing 

3  in  this  section  prohibits  the  United  States  fish  commission  and 

4  the  fish  and  game  commission  of  this  state  from  taking  at  all 

5  times  such  fish  and  in  such  manner  as  they  deem  necessary 

6  for  purposes  of  propagation  or  for  scientific  purposes. 


(143) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1460. 

This  bill  fixes  a   minimum  size  limit  of  twelve  inches  and  a  daily  limit  of  100, 
forbidding  sale  of  clam  meat  not  in  shell. 


SENATE  BILL  No.  1453 

INTRODUCED  BY  SENATOB  HANS, 
(By  request,) 

February  3,  1913. 


Eeferred  to  Committee  ox  Fish  and  Game. 


an  ACT 

To  Amend  Section  Six  Hundred  Twenty-eight  /  of  the  Penal  Code, 
Eelating  to  the  Protection  of  Pismo  Clams. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section   1.     Section    six    hundred    twenty-eight  f    of    the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows: 

4  628/.     Every  person  who  takes,  gathers,  catches,  or  has  in 

5  his  possession,  any  clam,  known  as  the  Pismo  clam   (Tivela 

6  siultorum),   which   shall  measure    less    than    twelve    inches 

7  around  the  outer  edge  of  the  shell;  or  who,  during  any  one 

8  calendar  day,  takes,  gathers,  catches,  or  has  in  his  possession, 

9  or  control,  more  than  one  hundred  of  said  clams;  or  who 

10  shall,  at  any  time,  sell  or  offer  for  sale  any  Pismo  clam  meat 

11  not  in  the  shell  of  such  Pismo  clam;  or  who  shall  bring  to 

12  shore  any  Pismo  clam  in  such  condition  that  the  size  of  such 

13  Pismo  clam  cannot  be  measured,  shall  be  guilty  of  a  misde- 

14  meanor. 


(144) 


IDENTICAL.  WITH  ASSEMBLY  BILL  NO.  1462. 

This  bill  changes  the  night  shooting  law  from  half  an  hour  before  and  after 
sunset  to  sunrise  and  sunset  for  all  game,  and  fixes  the  time  for  fishing  for 
trout,  whitefish,  or  black  bass,  from  an  hour  before  sunrise  to  an  hour  after 
sunset  (this  is  626m).  Also  forbids  the  use  of  any  animal  as  a  blind  (626n). 
Forbids  shooting  from  a  power  boat,  or  automobile,  or  other  vehicle  (626o), 
and  regulates  use  of  artificial  decoys  (626p). 

SENATE  BILL  No.  1454 


INTKODUCED  BY  SENATOK  HANS, 
(By  request,) 


February  3,  1913. 


Eeferred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Sections  Six  Hundred  and  Twenty-six  m,  Six  Hundred 
and  Twenty-six  n,  and  Six  Hundred  and  Twenty-six  o,  and 
to  Add  a  New  Section  to  the  Penal  Code  of  the  State  of 
California  to  be  Numbered  Six  Hundred  and  Twenty-six  p, 
Eelating  to  the  Protection  of  Fish  and  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  twenty-six  m  of  the 

2  Penal  Code  of  the  State  of  California  is  hereby  amended  to 

3  read  as  follows: 

4  626m.     Every  person  who  at  any  time  between  sunset  of 

5  any  one  day  and  before  sunrise  of  the  following  day  hunts, 

6  pursues,  takes,  catches,  kills,  or  destroys  any  of  the  game  birds 

7  or  animals  of  this  state,  or  who  between  one  hour  after  sunset 

8  of  any  one  day  and  one  hour  before  sunrise  of  the  following 

9  day  takes,  catches,  kills,  or  destroys  any  trout,  white-fish  or 
10  black  bass  is  guilty  of  a  misdemeanor. 

(145) 
10—3873 


1  Sec.  2.     Section  six  hundred  and  twenty-six  n  of  the  Penal 

2  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

3  follows: 

4  626n.     Every  person  who  at  any  time  shall  nse  any  animal 

5  as  a  blind  or  use  such  animal  for  the  purpose  of  approaching 

6  ?ny  wild  bird  or  animal  of  this  state  or  who  at  any  time  takes, 

7  kills  or  has  in  his  possession  any  wild  bird  or  animal  taken  by 

8  any  such  methods,  is  guilty  of  a  misdemeanor ;  provided,  how- 

9  ever,  that  nothing  herein  contained  shall  prevent  the  use  of 

10  dogs  in  hunting  or  approaching  such  wild  birds  or  animals. 

11  Sec.  3.     Section  six  hundred  and  twenty-six  o  of  the  Penal 

12  Code  of  the  State  of  California  is  hereby  amended  to  read  as 

13  follows : 

14  626e>.     Every  person  who  in  the  State  of  California,  shoots 

15  at  any  kind  of  wild  bird  or  animal  from  any  power  boat  or 

16  boat  drawn  by  any  power  boat,  or  from  any  automobile  or 

17  other  vehicle,  is  guilty  of  a  misdemeanor. 

18  Sec.  4.      A  new  section  is  hereby  added  to  the  Penal  Code 

19  of  the  State  of  California,  to  be  numbered  six  hundred  and 

20  twenty-six p  and  to  read  as  follows: 

21  626p.     Every  person  who  places  any  artificial  decoys  in  or 

22  upon  any  of  the  public  waters  of  this  state  earlier  than  one 

23  hour  before  sunrise  of  any  day  or  permits  such  decoys  to 

24  remain  in  or  upon  such  waters  later  than  one  hour  after  sunset 

25  is  guilty  of  a  misdemeanor. 


(146) 


IDENTICAL  WITH  ASSEMBLY  BILL  NO.  1461. 

Providing  for  an  appropriation  of  $5,000  for  an  investigation  of  the  relation  of 
birds  to  agriculture  and  spreading  of  information  thus  gained  during  the 
sixty-fifth  and  sixty-sixth  fiscal  years. 


SENATE  BILL  No.  1455 

INTRODUCED  BY  SENATOR  HANS, 
(By  request,) 

February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  ACT 

Providing  for  an  Appropriation  for  Investigation  in  Economic 
Ornithology  and  for  the  Dissemination  of  Information 
Gained  Thereby,  for  the  Sixty-fifth  and  Sixty-sixth 
Fiscal  Years. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     There  is  hereby  appropriated  out  of  any  money 

2  in  the  state  treasury  not  otherwise  appropriated,  the  sum  of 

3  five  thousand  dollars,  to  be  expended  by  the  board  of  fish  and 

4  game  commissioners  for  investigation  in  economic  ornithology 

5  and  for  the  dissemination  of  information  gained  thereby  for 

6  the  sixty-fifth  and  sixty-sixth  fiscal  years. 

7  Sec.  2.     The  state  controller  is  hereby  directed  to  draw  his 

8  warrant  in  favor  of  the  board  of  fish  and  game  commissioners 

9  for  the  money  herein  appropriated,  and  the  state  treasurer  is 
10     hereby  directed  to  pay  said  warrants. 


(147) 


Permits  use  of  trammel    nets,   mesh   not  smaller  than   eight   inches,   in    Pacific 

Ocean. 


SENATE  BILL  No.  1470 

INTRODUCED  BY  SENATOR  ANDERSON, 
February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  act 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Cali- 
fornia, to  be  Numbered  Section  Six  Hundred  Thirty-five 
and  One-half  a,  to  Permit  the  Use  of  Trammel  Nets. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal 

2  Code  of  the  State  of  California,  to  be  numbered  six  hundred 
.    3      thirty-five  and  one  half  a,  to  read  as  follows : 

4  635Ja.     It  shall  be  permissable  for  trammel  nets  to  be  used 

5  in  the  catching  of  fish  in  the  open  waters  of  the  Pacific  ocean ; 

6  provided,  that  a  smaller  mesh  than  eight  inches  be  not  used. 


(148) 


Makes  it  lawful  to  fish  with  seines  for  smelt  in  the  Pacific  Ocean  in  the  sixth 
district.  This  cuts  out  the  previous  prohibition  against  the  use  of  mesh  and 
trammel  nets. 


SENATE  BILL  No.  1471 

INTRODUCED  BY  SENATOR  ANDERSON, 
February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


an  act 

To  Amend  Section  Six  Hundred  Thirty-five  and  One  Half  of  the 
Penal  Code  of  the  State  of  California,  Relating  to  the 
Fishing  for  Smelt  or  Bait  with  Seines  in  the  Sixth  District. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  six  hundred  and  thirty-five  and  one  half 

2  of  the  Penal  Code  of  the  State  of  California  is  hereby  amended 

3  to  read  as  follows: 

4  635J.     It  shall  be  lawful  to  fish  with  seines  for  smelt  or  bait 

5  in  the  open  waters  of  the  Pacific  ocean  in  the  sixth  district; 

6  provided,  that  all  surf  fish  caught  with  the  smelt  or  bait  shall 

7  immediately  be  returned  to  the  water. 


(149) 


New.     Prohibits  the  use  of  lompara,  paranzella,  trawl  or  drag  nets. 

SENATE  BILL  No.  1472 

INTRODUCED  BY  SENATOR  ANDERSON, 
February  3,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Add  a  New  Section  to  the  Penal  Code  of  the  State  of  Cali- 
fornia, to  Be  Numbered  Six  Hundred  and  Thirty-six  and 
One  Half,  to  Prevent  the  Use  or  Possession  of  Lompara 
Nets,  Paranzella  Nets,  Trawl  or  Drag  Nets,  and  Provid- 
ing the  Penalty  Therefor. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     A  new  section  is  hereby  added  to  the  Penal 

2  Code  of  the  State  of  California,  to  be  numbered  six  hundred 

3  and  thirty-six  and  one  half,  and  to  read  as  follows: 

4  636J.     Every  person  who  shall  cast,  extend,  set,  draw,  use 

5  or  continue,  or  have  in  his  possession,  any  lompara  net  or  any 

6  paranzella  net,  or  trawl  or  drag  net,  for  catching  fish,  shell- 

7  fish,  shrimp,  or  crabs,  in  the  waters  of  this  state,  is  guilty  of  a 

8  misdemeanor,  and  is  punishable  by  a  fine  of  not  less  than  two 

9  hundred  and  fifty  dollars,  or  by  imprisonment  in  the  county  jail 

10  in  the  county  in  which  the  conviction  shall  be  had,  not  less  than 

11  one  hundred  and  twenty-five  days,  or  by  both  such  fine  and  im- 

12  prisonment ;  and  all  fines  imposed  and  collected  for  any  violation 

13  of  any  of  the  provisions  of  this  section  shall  be  paid  into  the 

14  fish  and  game  preservation  fund. 

(150) 


Section  626.  Changes  closed  season  on  quail  in  district  six.  Makes  it  first 
of  October  to  first  of  September.  Section  626a.  Changes  closed  season  on 
doves  in  district  six.  Makes  it  first  of  October  to  first  of  August.  Section 
626d.  Reduces  bag  limit  on  ducks  to  15  a  day  or  30  per  week;  reduces  bag 
limit  on  quail  to  15  per  day;  takes  limit  off  of  cottontails.  Section  626f. 
Changes  closed  season  on  deer  in  district  six. 

SENATE  BILL  No.  1634 


INTEODUCED  BY  SENATOE  THOMPSON, 
Febbuaby  4,  1913. 


Eefebbed  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Sections  626,  626a,  626d,  and  626/  of  the  Penal  Code  of 
the  State  of  Califobnia,  Eelating  to  the  Pbotection  of 
Fish  and  Game. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  626  of  the  Penal  Code  of  the  State  of 

2  California  is  hereby  amended  to  read  as  follows: 

3  626.     Every  person  who,  between  the  first  day  of  March  and 

4  the  fifteenth  day  of  October  of  any  year,  hunts,  pursues,  takes, 

5  kills,  or  destroys,  or  has  in  his  possession  any  kind  of  wild 

6  duck,  ibis,  or  other  shore  bird  (Limicolce),  or  who,  between  the 

7  thirtieth  day  of  April  and  the  fifteenth  day  of  November  of 

8  any  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in 

9  his  possession  any  Wilson  snipe,  plover  or  curlew;  or  who,  be- 

10  tween  the  fifteenth  day  of  February  and  the  fifteenth  day  of 

11  October  of  any  year,  hunts,  pursues,  takes,  kills,  or  destroys  or 

12  has  in  his  possession  any  desert  or  valley  quail;  or  who,  be- 

13  tween  the  first  day  of  December  and  the  first  day  of  Septem- 

14  ber  of  the  following  year,  hunts,  pursues,  takes,  kills,  or  de- 

(151) 


1  stroys,  or  has  in  his  possession  any  mountain  quail,  grouse, 

2  or  sage-hen ;  or  who,  between  the  first  day  of  February  and 

3  the  thirty-first  day  of  July  of  any  year,  hunts,  takes,  kills,  or 

4  has  in  his  possession  any  cottontail  rabbit,  or  bush  rabbit;  or 

5  who,  at  any  time  prior  to  the  first  day  of  November,  1912, 

6  hunts,  takes,  kills,  or  has  in  his  possession  any  rail,  or  who 

7  thereafter  between  the  first  day  of  December  of  any  year  and 

8  the  first  day  of  November  of  the  following  year,  hunts,  takes, 

9  kills,  or  has  in  his  possession  any  rail  is  guilty  of  a  misde- 

10  meanor,  except  as  hereinafter  provided ;  provided,  that  in  game 

11  districts  Nos.  1  and  6  of  the  State  of  California  every  person 

12  who,  between  the  first  day  of  March  and  the  first  day  of 

13  October  of  any  year,  hunts,  takes,  kills,  or  destroys,  or  has 

14  in  his  possession  any  kind  of  wild  duck,  ibis  or  other  shore 

15  bird  (Limicolce),  or  who  in  game  district  6,  between  the  first 

16  day  of  October  of  any  year  and  the  first  day  of  September  of 

17  the  following  year,  hunts,  takes,  kills,  or  destroys  or  has  in 

18  his    possession    any    desert    or    valley    quail    is    guilty    of    a 

19  misdemeanor. 

20  Sec.  2.     Section  626a  of  the  Penal  Code  of  the  State  of 

21  California  is  hereby  amended  to  read  as  follows: 

22  626a.     Every  person  who,  between  the  first  day  of  October 

23  and  the  fifteenth  day  of  July  of  the  following  year,  hunts, 

24  takes,  kills,  pursues  or  destroys  or  has  in  his  possession  any 
dove  is  guilty  of  a  misdemeanor,  except  as  hereinafter  pro- 
vided; provided,  that  in  game  district  No.  4  of  the  State  of 

27  California  every  person  who,  between  the  first  day  of  Novem- 

28  ber  and  the  first  day  of  September  of  the  following  year,  hunts, 

29  takes,  kills,  or  pursues  or  destroys  or  has  in  his  possession 

30  any  dove  is  guilty  of  a  misdemeanor;  provided,  further,  that 

31  every  person  in  game  districts  Nos.  2,  5  and  6  of  the  State  of 

32  California  who,  between  the  first  day  of  October,  and  the  rrst 

33  day  of  August  of  the  following  year,  hunts,  takes,  kilK  ntir- 

34  sues  or  destroys  or  has  in  his  possession  any  dove  is  m^lty     f 

35  a  misdemeanor. 

36  Sec.  3.     Section  626cZ  of  the  Penal  Code  of  the  °  3f 

37  California  is  hereby  amended  to  read  as  follows: 


(152) 


25 

26 


1  626tZ.     Every  person  who,   during  any  one  calendar  day, 

2  takes,  kills,  or  destroys  or  has  in  his  possession  more  than  fif- 

3  teen  wild  ducks,   or  black  sea  brant,   or  more  than  fifteen 

4  desert  or  valley  quail,  snipe,  curlew,  ibis,  plover,  rail,  or  any 

5  other  shore  birds  (Limicolce) ,  or  more  than  twenty  doves,  or 

6  more  than  ten  mountain  quail,  or  more  than  four  grouse,  or 

7  more  than  four  sage-hens,  is  guilty  of  a  misdemeanor;  pro- 

8  vided,  also,  that  any  person  who  between  sunrise  of  one  Sunday 

9  and  sunrise  of  the  following  Sunday,  takes,  kills,  or  destroys 

10  more  than  thirty  ducks,   or  black  sea  brant  is  guilty  of  a 

11  misdemeanor. 

12  Sec.  4.     Section  626/  of  the  Penal  Code  of  the  State  of 

13  California  is  hereby  amended  to  read  as  follows: 

14  626/.     Every  person  who  between  the  first  day  of  Novem- 

15  ber  and  the  fifteenth  day  of  August  of  the  following  year 

16  hunts,  pursues,  takes  or  destroys,  or  has  in  his  possession, 

17  whether  taken  or  killed  in  the  State  of  California,  or  shipped 

18  into  the  state  from  any  other  state,  or  territory,  or  foreign 

19  country  any  male  deer,  or  any  deer  meat,  is  guilty  of  a  misde- 

20  meanor,  except  as  hereinafter  provided;  provided,  that  every 

21  person  in  game  districts  Nos.  2,  4,  5,  and  6  of  the  State  of 

22  California  who,  between  the  first  day  of  September  and  the 

23  first  day  of  July  of  the  following  year,  hunts,  pursues,  takes, 

24  or  destroys,  or  has  in  his  possession,  whether  taken  or  killed 

25  in  the  State  of  California,  or  shipped  into  the  state  from  any 

26  other  state,  territory,  or  foreign  country,  any  male  deer,  or 

27  any  deer  meat,  is  guilty  of  a  misdemeanor. 


(153) 


Changes  closed  season  on  steelhead  trout.     Makes  it  from  November  to  March. 

Shortens  it  one  month. 

SENATE  BILL  No.  1635 


INTRODUCED  BY  SENATOR  THOMPSON, 

Febeuary  4,  1913. 


Referred  to  Committee  on  Fish  and  Game. 


AN  ACT 

To  Amend  Section  632^  of  the  Penal  Code  of  the  State  of  Cali- 
fornia, Relating  to  the  Protection  and  Preservation  of 
Fish. 

The  people  of  the  State  of  California  do  enact  as  follows: 

1  Section  1.     Section  632J  of  the  Penal  Code  of  the  State  of 

2  California  is  hereby  amended  to  read  as  follows : 

3  632^.     Every  person  who  between  the  first  day  of  November 

4  and  the  first  day  of  March  of  the  year  following,  takes,  catches, 

5  kills,  destroys  or  has  in  his  possession,  any  steelhead  trout  taken 

6  above  tide  water;  every  person  who,  between  the  first  day  of 

7  March  and  the  first  day  of  November  of  the  same  year,  takes, 

8  catches,  kills,  destroys  or  has  in  his  possession,  any  steelhead 

9  trout,  taken  above  tide  water,  which  have  been  taken,  caught  or 

10  killed  except  with  hook  and  line ;  every  person  who  between  the 

11  first  day  of  February  and  the  twenty-third  day  of  October  of 

12  the  same  year,  buys,  sells,  offers  or  exposes  for  sale,  any  steel- 

13  head  trout ;  every  person  who  at  any  time,  takes,  catches,  kills, 

14  destroys  or  has  in  his  possession  any  steelhead  trout  taken  in 

15  tide  waters,  which  have  been  taken,  caught  or  killed  except  with 

16  hook  and  line,  is  guilty  of  a  misdemeanor ;  provided,  that  it  shall 

17  be  lawful  to  take,  catch,  kill  and  have  in  possession  any  steel- 

(154) 


1  head  trout  taken  in  tide  water,  with  gill  nets,  the  meshes  of 

2  which  are,  when  drawn  closely  together  and  measured  inside  the 

3  knot,  six  and  one  half  or  more  inches  in   length,  between   the 

4  twenty- third  day  of  October  and  the  first  day  of  February  of 

5  the  year  following.     Nothing  herein  shall  apply  to  domestically 

6  reared  steelhead  trout.     Every  person  found  guilty  of  any  vio- 

7  lation  of  any  of  the  provisions  of  this  section  must  be  fined  in  a 

8  sum  not  less  than  twenty  ($20)  dollars,  or  be  imprisoned  in  the 

9  county  jail  in  the  county  in  which  the  conviction  shall  be  had, 

10  not  less  than  ten  (10)  days,  or  by  both  such  fine  and  imprison- 

11  ment.  and  all  fines  collected  for  any  violation  of  any  of  the  pro- 

12  visions  of  this  section  must  be  paid  into  the  state  treasury  to  the 

13  credit  of  the  fish  and  game  preservation  fund.     Nothing  in  this 

14  section  prohibits  the    United  States  fish  commission  and  the 

15  board  of  fish  and  game  commissioners  of  this  state  from  taking 

16  at  all  times  such  trout  as  they  deem  necessary  for  the  purpose 

17  of  propagation  or  for  scientific  purposes. 


(1-35) 


SENATE  COMMITTEE  ON  FISH  AND  GAME. 


GEO.  J.  HANS,  Chairman. 
JOHN  N.  ANDERSON. 

D.  J.  BEBAN. 

E.  S.  BIRDSALL. 
A.  H.  BREED. 
WM.  E.  BROWN. 
E.  F.  BRYANT. 
A.  CAMINETTI. 

A.  E.  CAMPBELL.  . 
THOS.  F.  FINN. 
WILLIAM  R.  FLINT. 
FRED  C.  GERDES. 
HERBERT  C.  JONES. 
HENRY  H.  LYON. 
D.  P.  REGAN. 
J.  B.  SANFORD. 
ED.  K.   STROBRIDGE. 


Meets  in  Room  108,  State  Capitol,  Sacramento. 


(156) 


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